March 2, 1949.

Hon. J. B. McDonald CominissioneP Department of Agriculture Austin, Texas Attention: Hon.,

R. K. Burke

Dear Sir: Reference ismade reads in part as follows: Re: The necessity for County Clerks to certify all Public Weighers to the Commissioner of Agriculture.

to your recent requestwhich
“Thisdepartment desires a legal opinion as’to whether or not County Clerks over the state are required to certify to the Commissioner ofAgriculture the appointment or election of Public Weighers qualifying as such under the provisions of Article 5683 Revised Civil Statutes of 19251
. . .

‘Are Title 132 Revised Civil Statutes and Chapter 76 Acts of the 36th Legislature In parimateria, ‘andtobe construed together, in order to ascertain the true intent of the Legislaturewith reference to the enforcement of the PublicWeighers laws. In otherwords, are the laws of the old Werehouse Commission or any portion thereof still in effect alongwith the present laws since the Commissionwas combinedwith the Department of Agriculture?” Section 1, Chapter 13, p. 35, Acts of the 39th Legislature, R. S., 1925, provides as follows:

“The office of Commissioner ofMarkets and Warehouses of the State of Texas is hereby abolished, and the authority,duties, powers, functions, rxghts, and liabilities,heretofore vesting in said commissioner, shallhereafter vest in and be had and performedby the Commissioner of Agriculture. The Markets and. ‘

_

Hon. J. E. McDonald, page 2 (V-781)



# :,“s pert Warehouse Department and the Weights and Measures Department of the Sta~teof Texas are hereby abolished, and the duties and functions of the same shallhereafter vest in the Commissionerof Agriculture.” Section 2, Chapter 76, p. 123,Acts of the Legisla,ture,

R. S., 1919 (Art. 7833b,V. c. s., supp.), relating to public weighers provides in tha,t :

I,

. . . Such bond shallbe good for the term of two years from the date given, and shallbe subject to the approval of the Commissioners'Court of the County in which such publicweigher resides. After such bond is filed, approved and recorded, ads providedby law, the County Clerk shall immediately certify such appointment,or election, to the Commissioner ofMarkets and Warehouses of Texas..
. .' The above quoted provision that "theCounty Clerk shall immediately certify such appointment, or election& to the Commissioner ofMa.rkets and Wa.rehouses of Texas (now the Commissioner of Agriculture)was not includedwhen the laws of this Statewere revised in 1925. By Section 2 of the CodificationAct, V. C. S., 1925, Final Title, there Is this repealing clause:

"Tha~t all civil statutes of a general nature, in forcewhen the Revised Statutes take effect, and which a.re not included herein, or which are not hereby expressly; continued in force, ore hereby repealed. We are unable to find any statutewhich requires the County Clerks to certify to the Commissioner of Agriculture the appointment or election of public weighers who qua~lify under the provisions of Article 5683, V. C. s., which reads as follows:

"In all counties in which there are no city or cities inwhich the Governor is authorized to appointpublic weighers, there shall be elected at each general election a public weigher for each justiceprecinct inHon. J. E. McDonald, page 3 (V-781)

the manner and form governing the election of other precinct officers. The commlssionera court at the regular February term preceding the electionmay unite two or more justiceprecincts for thenpurpose of electing such publicweighers. As to your last question you are advised that iinlyBuch portions of the old laws relating to markets and warehouses as were 3included in the Revised Statutes of 1925 are in effect, and to that extent only may the provisions of Title 132, Chapter 76, Acts of the 36th Legislature,R.S.,lglg,be construed in pari materla with the present statutesdealingwith this subject. SUMMARY County Clerks are not required to certify to the Commissionerof Agriculture the appointment or election of PublicWeighers qualifyingunder the provisions of Art. 5683, v.c;s. Only suchpoFtlons of the old laws relating to Markets and Warehouses as were Included in the Revised Civil Statutes of 1925may be construed in parimateriawith the present statutesdealingwith this subject. .Yoursvery truly, ATTORNEY GENERAL OF TEXAS

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APPROVED