July 16, 1948



### HonoLeo Ca Buckleg County Attorney Zapata County Zapata, Texas Oplnlon 196.V-637 ~Rb9Questions regardinS fsrm and procedure rsspbotlng the ,bOrld required of t,he Coanty Attorney. Dear Sir: Reference 1s madb which reads as fOllbwS9 to your reoent request

“On June 14, 1948, ~tbe Commiasloners) dourt of Zapata ‘ounty appointed me County Attorney, subject to the required bead and rath. Xn connection with executing and 

### filing the required bond, I note whet appears to be a conflict in the pertlned statutes 0

“Artlole 330, ,Vernon’s Revised Civil 3tatutes, reads1 ‘lrroh oounty attorney shall execute a baud ernor in the sumof mrsB with clent sureties missioners Cou ed that he wll manner presorlbed he may collect or whloh maycome to his hands for the State or a,npcounty*!

*‘Article 5998 provides the alternatlre of having suoh bond made by a ‘solvent surer ty company authorized to do buslness~ in this State’ o WArtlOlbZ16994 and 6090 real aonssaar, tirbly as iolIews( *.Wm bo&l of each rffloer who 1s re-

&e 

### an offlclsl bond ?!I- OTto the State sha

### Hon. LeoC, Buokleyi page 2 (VI637)~

be deposited with the Comptroller bythe ft..+Xru,n,

whn9.ypmmn thhsmama.,exceqt that of the Comptroller which shal.1 be deposited with **the Secretary**  **of Statbe** 



### “*All official bonds of eountv offifor that

“In View Ofthe see&@ dlsorepanog between the protisfons OfArtlole 330 end Artlole 

### 6CG0,I should appreoiate **your in**  

### forming **meI**



### “1. TOwhOm

should my b@M be payable r-r 

### the GoteMr, or the UountyJudge?

“2. nust it be approved bythe Corrmise1ofKm3’ 00urt7

“3r W$th

### whomis tt 

### to be 

### ifled --. the Comptroller, the Ooanty Clerk, or both?* In Sutherland Statutory Construetlen, ~01. 2, page8 541-42-43,. wefind the followingl

Weneral and special sots maybs 

### in par1 materis.~ If so, they should be construed together* **WheTb** 

### one statute tieal. 

### with a subjeot 

### lo general terms, andanothe CT deals 

### with a part of the asmesub eet in amore detailed way, 

### the.twc ! nhOudbe harmonized ,if posslble$ bnt ii there 1s anyoonfliot, the latter w/l1 prevail, rea gardless l



### Swhether It was pamed prior to the general 

### stntutecunless it a that the legls~laf8N 

### intended to meE

### pears e 

### the general aot eentrolling.w Also in the oasb OSTownsend vs Terrell, 14 SrWe(2d) 1363 tTbrr Oorc App.1 

### the court said;

“It is only wheresots are so in**OWdStbht** 

### as to be irreconoilable that ere eal by 

### lrplloati~on will be indulged, If t&m exists suoh aonfliot, then thereHon. Leo d. Baokleg,~ page 3 (V-637)

is a presumption of the intention to repeal all laws and parts of laws in conflict with the clear intention of the last act. This is necessarily true where both acts cannot stand as valid enactments6

“This rule of construction has found frequent and apt lllustratfon where one of the supposedly conflicting statutes was general in its terms and the other specific D In such a case it is universally held that the specific statute more clearly evidences the intention of the Legislature than the general one, and therefore that it will control. In such a case both statutes are permitted to stand - the general one applicable to all cases except the particular one embraced in the specific statute. a on Article 330, V. C. S. deals exclusively with the subject of county attorneys’ bonds, while Article 6000, V. C. S. deals with county officials’ bonds generally

. In view of the foregoing, it is our opinion that the bond of the county attomev should be made payable to the Governor. -

In the ca.se of Luckey v. Short, 20 S.W. the court sald:

“While it is made by law the duty of the commissioners’ court to approve the bond of the county attorney, no time is fixed at or within which this shall be done.”Therefore, in view of the foregoing, it opinion that the bond of the county attorney must proved by the commissioners’ court. 723,

is our be apWeare unable to find a case where the courts have passed upon your last question directly, However, in the case of Bachus v. Foster, 132 Tex. 183, 122 S.W. (2d) 1058 (Tex. Corn.App,) opinion adopted in deciding the question of venue in a suit on a sheriff ’s bond where the facts showed that the bond had been filed with the County Clerk, the court said:

“As we have seen, the bond sued on is the official bond of Virge Foster, as sheriff of Eastland County* ByArticle 6866, this bond is required to be approved by the Commissioners Court of EastlandHon. Leo C. Buckley, page 4 

### (V-637)

Cotmtyr 

### Andy

by Article 6300 of the Stafutes the same is re:~uired to be *safely kept end recorded by the county clerk’ of that oountye It thus appears that said bond is required by 

### law to be filed in Fastland 5oantyr1* Article 6000 ab#ve 

### oited provides that all offioial bonds of oountf off leers that are required b law to be approved 

### by the ~omnissimers~ Courts andwhle

### hhare been so approved shall be safely kept and recorded by the county clerk, The County Attorney 

### rs, of eburee, apublic officer, 15TmBiJur, 385. TheSupreme Court in the Backus 

### oase having reoo nieed that the aou@ty 

### offioial*s bon&was properly filed wth the @mntg Olerlt, it follows by impliorif tionthatthe bond shald also be kept by him,



### Artlals 6066, V. C. 5. provides 

### that the bon4 of the sheriff 

### shall be madepayable to the Ooveruor, and Artiole 330, V. 3. 8. provides that the bond of the 

### eountg attorney shall 

### be made payable to the Governor. Henoa, 

### web~llcrc thb hoMing in the above 

### quoted oaae is also a vE plieablo te the eaenty attonry*s bond, 

### ThereSore, b rtue or the feragQin&, St is 

### our opinion that the bolmi OSthe county atterneg ahoola be filed in ths 

### orriar cd the county olerk after WWg approved bpthe oommissione cm* eourtr

The official bond of the ooutity 

### attorney should ba made

### 8ayable to the Governore Art 

### 3301 t. G, 8, u&a‘bond should ba approved ey the Conunfss;onersi Court+ Zuokeg va 

### She&, 

### 20 SrW, 723r Theofficial bona 0r 

### theiooumtyatr torneg should be 

### kept aRd 

### Siled in the ofiioa of the county olerk 

### after suoh apprsvalr Arti~ 

### ele 60001 Baehusv0Fester, 122 S,We(M) 

### 1058r
Yoursverytray,

Asalstant