Honorable F. T. Graham countyAthttorney Cameron County Brownsville,Texas

Dear Sirr opinion No. o-5043 Ret Is Senate Bill Xc. 146, Acts of the 42nd Legislature,Regular Session, 1931, repealed by Senate Bill Mc. 44, Acts of'the 46th Legislature,Regular Session, 19437 And related questions.

Your letter of recent date requestingthe opinion of this department on the questions stated therein, reads in part as follcws~

'*The42nd Legislature, at its Regular Session in 1931 and by its Senate Bill No. 146, Chapter 307, page 769: enacted a law,the substance of which aas to provide that the 103rd JudiaialDistrict Court for Cimeron County should be the Juvenile Court for Cameron County to handle all casesarising under the provisions of Title 43 and allcases arising under the provisions of Article 1063 of the Code of CriminalP?coedure;this Act also provided as aompensationforthe Judge of such Juvenile Court the mount of #l500;00 per year and provided that such sum should be paid to the Judge of said Court from the General Funds of Cameron County.

"The last Legislature (the 48th), at itsRegular Session and by Senate Rlll Rc. 44, Chapter 204, page 313, enacted a law,the general substanceof which changes the procedure in the handling of delinquent juvenile
cases and under the provisions of this new law various Articles ofthe Code of Criminal Procedure, including lirticle1063, are expressly repealed, also Article 2329 of the Revised Statutes is repealed.

"Under the new law (SenateBill DoJo. 44) passed by the 46th Legislature, it is provided in Section 4 that in countieshavingmore than one District Court that the County JuvenileBoard shall designate either one of such District Courts or the County a0ur-t to be the Juvenile Court for such county.. -

Honorable F. T. Graham, Page 2 (O-6043)

"Cameron County has tvo District Courts, to-witi the 103rd JudicialDistrict CourtWhich sits in Cameron and Willacy countiesand the Criminal District Court which sits in Cmaeron,Willacy, Kenedy, Kleberg and Hueces counties.

*The question, therefore,has arisen as to whether
or not the provision of the new legislative enactment in Section 24 wherein it is provided 'all laws and parts of laws in conflictherewithare also repealed' has the effect of repealing the hereinabovementioned Act of the 42nd Legislaturewhich aonstitutedthe 103rd Judicial District Court in Cameron County as the Juvenile Court for Cameron County and whether or not the provisions of saidAct of the 4Znd Legislature in fixing an annual ccmpensation for duties performed as Judge of such Juvenile Qurt hadbeen repealed by the general provisions of the abovementioned Act of the 48th Legislature.

"I am of the opinion that the abovementioned Act of the 42nd Legislature,having beenmpre or less special in nature in that it purported toaffect only the 103rd JudicialDistrict Court in and for Cameron County,would not be consideredas being repealedby the general provisions of the Act of the 46th Legislature. However, in view of the fact that theAct of the 46th Legislature purports to establish a State-wideprocedure for handling delinquent children, it might reasonablybe argued that this Act was intended tc and did repeal the provisions of the Act of the 42nd Legislaturevesting exclusive jurisdictionin juvenilematters, insofar as Cameron County is concerned, in the 103rd District Court of Cameron County.

"In connectionwith these matters, I wish to call your attention to the f~llolingmatter. Article 5139-B, Revised Statutes of Texas, 1925 (Acts of the 47th Iegislature, page 552, Chapter 349, Section 1) provides in substance for the creation of a Juvenile Board in counties having a population of between 74,000 and 63,000~ according to the last Federal census, CameronCounty lauld fall within the populationbracketsprovided for in this Act. This Act 1ikewMe purports to constitute the Judges of the District Courts in any county,togetherwith the Judge of the County Court, as such JuvenileBoard and to provide an armual compensationfor the District Judgesas members of such Board of $600.00 per annwn in addition to all other salaries and compensationreceived by such District Judges and provides that said SUU shall be paid to such Judgesmonthly frcmthe General Punds of the County.Hon. F. T. Graham, Page 3 (0-5043)

"The provisions of this Statute have been overlooked by the District Judges and the County Judge of this Ccunty and no JuvenileBoard has ever existed as such in this County and no compensationhas ever been paid to any Judge under the provisions of this Aot.

"It so happensthat the writer's brother is the Judge of the 103rd District Court, having jurisdictionin Cameron and Willacy Counties, and because ofthe relationship, I am somewhathesitant to advise the District Judges, the County Auditor and the Coiwnissioners ' Court as to what effect the provisions of the hereinabovereferred to Act of the 48th Legislature in connectionwith Juvenile Courtshas upon the existing Jwenile Court in and for this County. I would therefore greatly appreciateyour advice and opinion on the following questions, to-wits

"1. Is the Juvenile Court and the compensationfor the Judge thereof in and for Cameron County, as establishedby the above referred to provisions of the 42nd Legislature, repealed by the above. ,nentioned Acts of the 48th Legislature?

*2. Are the provisions of Article 5139-Bhereinabovereferred to repealed by the previsions of the Act of the 48th Legislature,and if not, are such provisionsmandatory on , Cameron County, ormerely directory?
1) I e
. . .
Senate Bill Rc. 148, Acts of the 42nd I.egislature, Regular Session, 1931, reads as follows:

"Section 1. The juriedictionheretoforevested by law in the County Court. of Cameron Countythe Criminal Distriot Court of Cameron County, and the County Court of Cameron County at Law, Cameron County, Texas, under the provisions of Title Forty-three (43),Revised Civil Statutes of Texas, is hereby divested from such Courts, and vested in the District Court of Cameron County for the 103rd Judicial District of Texas, which when disposing of the casssarising under the provisions of said Title 43, shall bs the Juvenile Court for Cameron County,and shall administerall cases arising under the provisionsof said Title, and of Article 1083 of the Code of Criminal Procedure of Texas.

*sea. 2. For the extra services hereby imposedupon the Judge.of the District Court of heron County, 103rd Judicial District of Texas, when sittingas the JuvenileCourt of Cameron County, the Judge of said' Court shall bs paid fras the General Funds of Cameron County the sum of Fifteen Hundred (#l,500a00)Dollars per annum, and no moresHon. F. R. Graham, Page 4. (O-3643)

"Sec. 3. The faot that there are twc special Courts in Cameron County; that is, the Criminal Distriot Ocurt of Cameron County, and the County Court of Csmeron Cxnty at Law, the special jurisdiction ofwhich with regard to Juvenile Courts is uncertain, andthat the Judge of the County Court of Cameron County in discharginghis duties as County Judge and presiding officer of the Conrsissioners~ Court of said County is overburdenedwith administrative duties, areaBan amergenoyand an imperative publio neoessity that a Juvenile Court for said County shall be designated by law, and that the ConstitutionalRule requiring Bills to be read on three several days be suspended, and said Bule is so suspended,endthat this Act take effect and bs in force from and after its passage, and it is so enacted."

Senate Bill No. 44, Acts of the 48th Legislature, Regular Session., 1943, isr

"AnAct the purpose of which is to change the method of handling delinquent children from the present oriminalprocedure to guardianship in order to
sscurs for each child oomingwithinthe bat such care, guidanoe,and control as will servs the ohild's welfare and the best interest of the State; providing for
a Juvenile Court in each countyof the stats in the County or District Courts already establishedidefining certainterms; providing for the procedure in oases of delinquent children3manner of hearings dispositional power of Juvenile Court3 selectionof custodialagency3 providing for support of children cowitted to oustodial agency, prescribing that records shallbe oonfidential: permittingphysioal andmental examinations of childrenupon order ofthe court3prescribingplaoes of detention3 ccurt session; co-operation3oontempt3methods of appeal; saving olausei re-enaotdngthat portion of Artiale 2329, Revised Civil Statutes, 1926, dealingwith dependentand neglected childrsn3repealing clause; and declaringan emergency,
. . ."

Senate Bill No. 44, supra, provides in part:

" "

. . . .
"Sec. 4. Establishsentof Juvenile Courts. There is hereby established as follows in eaoh county of the Stats a court of record to bs known asthe Juvenile Court, having such jurisdictionas may be neoessary to carry out the provisions of this Act.Honorable F. T, Graham, Page 5 (o-6043)

"In countieshaving juvenileboards, suah boards may designate the County Court or one ormore of the District Courts to bethe Juvenile Court or Courts for such county,and such designationmay bs changed frcm~' time to time by such juvenileboards. In all other ocunties the District Court or the County Court shall bs the Juvenile Courtas agreed betweenthe judges of eachrespective courts, but until such time such County Court and District Court shall have concurrent jurisdictionin
casss of children comingwithin the terms of this Act.

"It is provided,however, that the jurisdiction, powers and duties thus,conferredand imposed upon the established courtshereunder are superadded jurlsdictions, powers and duties, it being the intention of ths Legislaturenot to createhereby another office.

'seco 22. Saving Clausea In all'caseswhere the courthas continuing jurisdiotion of the children already adjudged delinquent,aw of the Acts herein repealed shall continue in force as applicableto such ahildren,and the provisions of such Statutesmay continue to be exercised with reference to all such childrenwhere such jurisdioticn has already attached.

"Sec. 23. Constitutionality. If any section, subdivision or clause of this Act shall be held to be uncon- d stitutianalor invalid, suchdecision shallnot affectthe validity of the remaining portions of the Act.

"Sec. 24. Laws Repealed. Articles 1063, 1084, 1085, 1086,.1088, 1060, 1090, 1091, 1092, 1093 of the Code of Criminal Procedure,and Article 1087 of the Code of Criminal Procedure as amended Acts 1927, 40th Legislature, Chapter 163, Section 1, are hereby repealed.

"Articles 2329 and 2338 of the Revised Civil Statutes of Texas, 1925, are hereby repealeda

"All laws and parts of law in conflictherewith are also repealed.

"Sec. 24-A. This Act shall in no wise alter or affect existing lawswith reference to dependent or neglected ohildren as that term is defined by Article 2330,Revised Civil Statutes, 1925, and the District Court only shallhave original jurisdiction in all proceedingswherein it is sought toHonorable F. T. Graham,Rage 6 (o-5043)

have a childadjudgedto be a dependent or neglected child, and its findings in suoh cases shallbe entered in a book kept for that purpose to be known as 'JuvenileRecord.'

I *

. . . . Article 5139b,Vernon'sAnnotated Civil Statutes, provides:

"In any countyhaving a population of not less than seventy-fourthousand (74,oOO) inhabitantsand not
more then eighty-threethousand (83,060) inhabitants, according to thu last preceding Federal Censug, the Judges of the several District Courts of suoh county, togetherwith the County Judge of suoh county, are hereby aonstituteda Juvenile Board, for such county. The annual salary of eaah of the Judges ofthe Mstriot Courts of such county, asmembers of said Board, shall l-aSix Hundred (#600&O) Dollars,which salary shallbe in addition to all other salaries and oompensation receivedby said District Judges, snd said additional salary shall be paidmonthly out of the General Funds of such County,upon the order of the tksamission* ers' Court."

It ~111 be noted that Senate Bill No. 44, supra,expressly repeals a number of statutes enumeratedtherein and all laws and 'partsof laws in oonfliotwiththe Aot ars also repealed. We are familiarwith the general rulementioned in your letter that enactment of a general law does not ordinarily operate as the repeal of a particular or special law, by implication,although both relate to the ssme subjectmatter. Onthe contrary,both statutesare permittedto stand, snd the general law is applicableto all oases not embraced by the specificact. In otherwords, the prticular act is construedas oonstitutingan exception tothe general law. This is said to be a settledrule of oonstruotion, lmsed upon the presmsptionthat a speoial statute evidencesthe intention of the Legislaturemore clearlythan a general one, and therefore should control.However,where it is apparent that a statute is intended to embrace all the law upon the subjectwith which it deals, it repeals all former laws relating to the same subjeot. Under this rule, a statutethat covers the subjeotmatter of a former law and is evidently intended as a substitutefor it, although containingno expresswords to that effeot, operates as a repeal for the former law to the extent that its provisionsare revised and its field freshly covered.?Accordingly, parts of the original act that are omitted for the
new legislationare to be consideredas null. If the latter act is clearly intended to presaribs the only ruleswhich should govern, it repeals the prior statute,although the two are not repugnant intheir provisions. It is apparent that Senate Bill No. 44, supra, showsby.

Honorable F. T. Graham, Rage 7 (06043)

its contextthat it uas intended to smbra~oe all the law upon the subjectdealt with. Therefore, es stated in the oese of State v. Houston oil Company of Texas, 194 S,W. 432s

"The rule is well settled that, when e subsequent statute shows by its context that itwas intended to embrace all the law upon the subject dealtwith, such statute will, by implication,repeal all former laws relating to the same subject. The correctnessof that rule is not controverted , snd it is unnecessary to cite authorities in support of its"

Ws quote from the case of First NationalBank v. Lee County Cotton Oil Company, 274 S.W. 127, as followsr

"

. e
.Where en act is passed covering thewhole of a particular subject or field of legislation, it is customaryto insert e general clause repealingall acts
or parts of acts incons;stenttherewith, and such a clause is effective in repealing inconsistentenactments, in the absence of any constitutionalprovisionagainst suchmethod of repeal; but the repeal extends only to those acts on the same subject, or prts of suoh acts, clearly inconsistentand irreconcilablewith the provisions of the repealing act and only to the extent of the conflictingprovisions. A statute is repealedby implicationwhenever it becomes apparent from subsequentlegislation that the Legislature doss not intend the earlier act to remain in forces e 0 0 Though repeals by implicetion are not favored, it is necessarilythe result in any case of repugnancyor inconsistencybetween two suocessive statutes,or in any oasswhere the intentionof the Legislature is manifest that e letter statute should supersedean earlier one."

Inview of the foregoing authorities, it is our opinion that Senate Bill No. 148, supre, is repealedby Senate BillNo. 44, supra, insofar as said Senate Bill Ibib. 148 is in conflictwith said Senate Bill No. 44.

It is our further opinion that the 103rd Judicial District Court of Camercn County is not a juvenile court by virtue of Senate Bill No. 148, supra, as that portion of said Senate Bill No. 148making said court the juvenile court of Cameron lkunty is repealed by Senate Bill No. 44, However, the said 103rd JudicialDistrict Court of Csmeron County has original jurisdictionwith reference to dependent or neglected childrenasthat term is defined by Article 2330,Revised Civil Statutes, 1925,wherein it is sought to have a child adjudged to be a dependentor neglected child. Apparently under Senate Bill No. 148, supra, the judge
was compensatedfor his servicesby virtue of said ect when sitting esHonorable F.T. Graham, Page 8 (o-5043)

the juvenile courtof Cameron County, astie 103rd JudicialDistrict Court of said oounty is no longer the juvenile court byvirtue of Senate Bill No. 148, supra, the district judgewould not be entitled to any compensation under the provisions of said Act.

With reference to Article 5139b,Vernon's Annotated Civil Statutes, it is our opinion that said SenateBill NO. 44, supra, doss not repeal said statute in that said statute pertains 'baounty juvenile boards and not to juvenile courts. However, Cameron County hes e population of 83,202 inhabits&s according to the 1940 Federal Census. Therefore, Cameron County does not come within the populationbrackets mentioned in said statute. 4s Cameron County does not come within the populationbraoketsmentioned in said Act, the 883118 would not be applicable to Cameron County.

Yours very truly

ATIOENEY GENERAL OF TEEAS

BY s/&dell Williams Ardell Williams

Assistant APPROVED AUG 7, 1943 s/Grover Sellers FIRSTASSISTAET AlTOBEEY GEEEBAL
AW:db:egw Approved Opinion Committee By BWB Chairman