March 2, 1949. 

Hon. J. B. McDonald 

CominissioneP 

Department of Agriculture 

Austin, Texas 

Attention: Hon., R. K. Burke 

Dear Sir: 

Reference is made 

reads in part as follows: 

Re: The necessity for County Clerks to certify 

all Public Weighers to 

the Commissioner of 

Agriculture. 

to your recent request which 

“This department desires a legal opinion 

as’ to whether or not County Clerks over the 

state are required to certify to the Commissioner of Agriculture 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 pari materia, ‘and to be construed together, in order to ascertain the true intent of 

the Legislature with reference to the enforcement of the Public Weighers laws. In 

other words, are the laws of the old Werehouse Commission or any portion thereof still 

in effect along with the present laws since 

the Commission was combined with 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 of Markets 

and Warehouses of the State of Texas is hereby 

abolished, and the authority, duties, powers, 

functions, rxghts, and liabilities, heretofore 

vesting in said commissioner, shall hereafter 

vest in and be had and performed by 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~te of Texas 

are hereby abolished, and the duties and 

functions of the same shall hereafter vest 

in the Commissioner of 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 shall be good for 

the term of two years from the date given, 

and shall be subject to the approval of 

the Commissioners' Court of the County in 

which such public weigher resides. After 

such bond is filed, approved and recorded, 

ads provided by law, the County Clerk shall 

immediately certify such appointment, or 

election, to the Commissioner of Markets 

and Warehouses of Texas.. . .' 

The above quoted provision that "the County 

Clerk shall immediately certify such appointment, or 

election& to the Commissioner of Ma.rkets and Wa.rehouses 

of Texas (now the Commissioner of Agriculture) was not 

included when the laws of this State were revised in 

1925. 

By Section 2 of the Codification Act, V. C. S., 

1925, Final Title, there Is this repealing clause: 

"Tha~t all civil statutes of a general 

nature, in force when 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 statute which 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 in which the Governor is authorized to appoint public weighers, there 

shall be elected at each general election a 

public weigher for each justice precinct in 
Hon. 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 election may unite two or more 

justice precincts for thenpurpose of electing such public weighers. 

As to your last question you are advised that 

iinly Buch 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 statutes dealing with this subject. 

SUMMARY 

County Clerks are not required to certify to the Commissioner of Agriculture the 

appointment or election of Public Weighers 

qualifying under the provisions of Art. 5683, 

v.c;s. Only such poFtlons of the old laws 

relating to Markets and Warehouses as were 

Included in the Revised Civil Statutes of 

1925 may be construed in pari materia with 

the present statutes dealing with this subject. 

.Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BA:bh 

APPROVED