Honorable F. T. Graham 

county Athttorney 

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Session, 1931, repealed by Senate 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 requesting the opinion of this department on the questions stated therein, reads in part as follcws~ 

'*The 42nd 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 Judiaial District Court for Cimeron County should be the Juvenile Court for Cameron 

County to handle all cases arising under the provisions 

of Title 43 and all cases arising under the provisions 

of Article 1063 of the Code of Criminal P?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 its Regular 

Session and by Senate Rlll Rc. 44, Chapter 204, page 313, 

enacted a law, the general substance of which changes 

the procedure in the handling of delinquent juvenile 

cases and under the provisions of this new law various 

Articles of the Code of Criminal Procedure, including 

lirticle 1063, are expressly repealed, also Article 2329 

of the Revised Statutes is repealed. 

"Under the new law (Senate Bill DoJo. 44) passed by 

the 46th Legislature, it is provided in Section 4 that 

in counties having more than one District Court that the 

County Juvenile Board 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 Judicial District Court Which sits in Cameron 

and Willacy counties and 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laws in conflict herewith are also repealed' has the effect of repealing the hereinabove mentioned Act of the 

42nd Legislature which aonstituted the 103rd Judicial 

District Court in Cameron County as the Juvenile Court 

for Cameron County and whether or not the provisions of 

said Act of the 4Znd Legislature in fixing an annual ccmpensation for duties performed as Judge of such Juvenile 

Qurt had been repealed by the general provisions of the 

above mentioned Act of the 48th Legislature. 

"I am of the opinion that the above mentioned Act of 

the 42nd Legislature, having been mpre or less special in 

nature in that it purported to affect only the 103rd Judicial District Court in and for Cameron County, would not 

be considered as being repealed by the general provisions 

of the Act of the 46th Legislature. However, in view of 

the fact that the Act of the 46th Legislature purports to 

establish a State-wide procedure for handling delinquent 

children, it might reasonably be argued that this Act was 

intended tc and did repeal the provisions of the Act of 

the 42nd Legislature vesting exclusive jurisdiction in 

juvenile matters, insofar as Cameron County is concerned, 

in the 103rd District Court of Cameron County. 

"In connection with these matters, I wish to call 

your attention to the f~lloling matter. 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, Cameron County lauld 

fall within the population brackets provided for in this 

Act. This Act 1ikewMe purports to constitute the Judges 

of the District Courts in any county, together with the 

Judge of the County Court, as such Juvenile Board and to 

provide an armual compensation for the District Judges as 

members of such Board of $600.00 per annwn in addition to 

all other salaries and compensation received by such District Judges and provides that said SUU shall be paid to 

such Judges monthly 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 Juvenile Board has ever existed as such in this 

County and no compensation has ever been paid to any Judge 

under the provisions of this Aot. 

"It so happens that the writer's brother is the Judge 

of the 103rd District Court, having jurisdiction in Cameron 

and Willacy Counties, and because of the relationship, I am 

somewhat hesitant 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 connection with Juvenile Courts has upon the 

existing Jwenile Court in and for this County. I would 

therefore greatly appreciate your advice and opinion on the 

following questions, to-wits 

"1. Is the Juvenile Court and the compensation for the 

Judge thereof in and for Cameron County, as established by 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-B hereinabove referred to repealed by the previsions of the Act of the 48th 

Legislature, and if not, are such provisions mandatory on , 

Cameron County, or merely directory? 

1) I e . . . 

Senate Bill Rc. 148, Acts of the 42nd I.egislature, Regular Session, 

1931, reads as follows: 

"Section 1. The juriediction heretofore vested by law 

in the County Court. of Cameron County the 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 casss arising under the 

provisions of said Title 43, shall bs the Juvenile Court for 

Cameron County, and shall administer all cases arising under 

the provisions of said Title, and of Article 1083 of the 

Code of Criminal Procedure of Texas. 

*sea. 2. For the extra services hereby imposed upon the 

Judge.of the District Court of heron County, 103rd Judicial 

District of Texas, when sitting as the Juvenile Court 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 mores 
Hon. 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 of which with regard to 

Juvenile Courts is uncertain, andthat the Judge of the 

County Court of Cameron County in discharging his duties as 

County Judge and presiding officer of the Conrsissioners~ 

Court of said County is overburdened with administrative 

duties, areaBan amergenoy and an imperative publio neoessity that a Juvenile Court for said County shall be designated by law, and that the Constitutional Rule requiring 

Bills to be read on three several days be suspended, and 

said Bule is so suspended, end that 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 

"An Act the purpose of which is to change the 

method of handling delinquent children from the present oriminal procedure to guardianship in order to 

sscurs for each child ooming withinthe 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 county of the stats in the 

County or District Courts already establishedi defining 

certain terms; providing for the procedure in oases of 

delinquent children3 manner of hearings dispositional 

power of Juvenile Court3 selection of custodial agency3 

providing for support of children cowitted to oustodial agency, prescribing that records shall be oonfidential: permitting physioal and mental examinations of 

children upon order of the court3 prescribing plaoes of 

detention3 ccurt session; co-operation3 oontempt3 methods 

of appeal; saving olausei re-enaotdng that portion of 

Artiale 2329, Revised Civil Statutes, 1926, dealing with 

dependent and neglected childrsn3 repealing clause; and 

declaring an emergency, . . ." 

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

" " . . . . 

"Sec. 4. Establishsent of Juvenile Courts. 

There is hereby established as follows in eaoh county of 

the Stats a court of record to bs known as the Juvenile 

Court, having such jurisdiction as may be neoessary to carry out the provisions of this Act. 
Honorable F. T, Graham, Page 5 (o-6043) 

"In counties having juvenile boards, suah boards 

may designate the County Court or one or more of the 

District Courts to bethe Juvenile Court or Courts for 

such county, and such designation may bs changed frcm~' 

time to time by such juvenile boards. In all other ocunties the District Court or the County Court shall bs the 

Juvenile Court as agreed between the judges of eachrespective courts, but until such time such County Court and 

District Court shall have concurrent jurisdiction in 

casss of children coming within the terms of this Act. 

"It is provided, however, that the jurisdiction, 

powers and duties thus,conferred and imposed upon the 

established courts hereunder are superadded jurlsdictions , powers and duties, it being the intention of ths 

Legislature not to create hereby another office. 

'seco 22. Saving Clause a In all'cases where the 

court has continuing jurisdiotion of the children already 

adjudged delinquent, aw of the Acts herein repealed shall 

continue in force as applicable to such ahildren, and the 

provisions of such Statutes may continue to be exercised 

with reference to all such children where such jurisdioticn has already attached. 

"Sec. 23. Constitutionality. If any section, subdivision or clause of this Act shall be held to be uncon- d 

stitutianal or invalid, such decision shall not affect the 

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 conflict herewith are also 

repealed. 

"Sec. 24-A. This Act shall in no wise alter or affect 

existing laws with reference to dependent or neglected ohildren as that term is defined by Article 2330, Revised Civil 

Statutes, 1925, and the District Court only shall have original jurisdiction in all proceedings wherein it is sought to 
Honorable F. T. Graham, Rage 6 (o-5043) 

have a childadjudged to be a dependent or neglected 

child, and its findings in suoh cases shall be entered in a book kept for that purpose to be known as 

'Juvenile Record.' 

I * 

. . . . 

Article 5139b, Vernon's Annotated Civil Statutes, provides: 

"In any county having a population of not less 

than seventy-four thousand (74,oOO) inhabitants and not 

more then eighty-three thousand (83,060) inhabitants, 

according to thu last preceding Federal Censug, the 

Judges of the several District Courts of suoh county, 

together with the County Judge of suoh county, are 

hereby aonstituted a Juvenile Board, for such county. 

The annual salary of eaah of the Judges ofthe Mstriot Courts of such county, as members of said Board, 

shall l-a Six Hundred (#600&O) Dollars, which salary 

shall be in addition to all other salaries and oompensation received by said District Judges, snd said additional salary shall be paid monthly 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 enumerated therein and all laws and 'parts of 

laws in oonfliot withthe Aot ars also repealed. We are familiar with 

the general rule mentioned 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 subject matter. 

Onthe contrary, both statutes are permitted to stand, snd the general 

law is applicable to all oases not embraced by the specific act. In 

other words, the prticular act is construed as oonstituting an exception tothe general law. This is said to be a settled rule of oonstruotion, lmsed upon the presmsption that a speoial statute evidences the 

intention of the Legislature more clearly than a general one, and therefore should control. However, where it is apparent that a statute is 

intended to embrace all the law upon the subject with which it deals, 

it repeals all former laws relating to the same subjeot. Under this 

rule, a statute that covers the subjeot matter of a former law and is 

evidently intended as a substitute for it, although containing no express words to that effeot, operates as a repeal for the former law to 

the extent that its provisions are revised and its field freshly covered.? Accordingly, parts of the original act that are omitted for the 

new legislation are to be considered as null. If the latter act is 

clearly intended to presaribs the only rules which should govern, it 

repeals the prior statute, although the two are not repugnant intheir 

provisions. It is apparent that Senate Bill No. 44, supra, shows by 
. 

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

its context that it uas intended to smbra~oe all the law upon the 

subject dealt 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 it was intended to embrace all the law upon the subject dealt with, such statute will, by implication, repeal all former laws relating to the same subject. The correctness of that rule 

is not controverted , snd it is unnecessary to cite authorities in support of its" 

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

" . e . Where en act is passed covering the whole 

of a particular subject or field of legislation, it is 

customary to insert e general clause repealing all acts 

or parts of acts incons;stent therewith, and such a 

clause is effective in repealing inconsistent enactments, 

in the absence of any constitutional provision against 

such method of repeal; but the repeal extends only to 

those acts on the same subject, or prts of suoh acts, 

clearly inconsistent and irreconcilable with the provisions of the repealing act and only to the extent of the 

conflicting provisions. A statute is repealed by implication whenever it becomes apparent from subsequent legislation 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 necessarily the result in 

any case of repugnancy or inconsistency between two suocessive statutes, or in any oass where the intention of 

the Legislature is manifest that e letter statute should 

supersede an earlier one." 

In view of the foregoing authorities, it is our opinion that Senate Bill No. 148, supre, is repealed by Senate Bill No. 44, supra, insofar as said Senate Bill Ibib. 148 is in conflict with 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. 148 making said 

court the juvenile court of Cameron lkunty is repealed by Senate Bill No. 

44, However, the said 103rd Judicial District Court of Csmeron County 

has original jurisdiction with reference to dependent or neglected 

children as that term is defined by Article 2330, Revised Civil Statutes, 

1925, wherein it is sought to have a child adjudged to be a dependent or 

neglected child. Apparently under Senate Bill No. 148, supra, the judge 

was compensated for his services by virtue of said ect when sitting es 
Honorable F.T. Graham, Page 8 (o-5043) 

the juvenile court of Cameron County, astie 103rd Judicial District 

Court of said oounty is no longer the juvenile court by virtue of 

Senate Bill No. 148, supra, the district judge would 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 Senate Bill 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 population brackets 

mentioned in said statute. 4s Cameron County does not come within the 

population braokets mentioned 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 

FIRST ASSISTAET 

AlTOBEEY GEEEBAL 

AW:db:egw Approved Opinion Committee 

By BWB Chairman