HFCAYTORNEY GENERAL

OFTEXAS

June 11, 

### 1957

Honorable John C. White Department of Agriculture Austin, Texas Opinion Woo

### WW-143.
Ret Can awarehouseman duly licensed under the Texas Grain Warehouse Law(Ch. 106, p. 

### 305 Acts 

### 53idLegislature 

### 1453 codified as Article 

### 557ja, VoCoS.) issue anegotiable warehouse receipt to himself for grain owned by him which is stored In his own Dear Mr. WhFnite: warehouse?

Youhave requested our opinion as to whether awarehouseman lfcensed under the Texas Grain Warehouse Law (Ch. 106, p* 385 Acts 53rd Legislature, V.C.S.~ 

### 1953,codffied as Article 5577a,

may issue a negotiable warehouse receipt to Nmself for grain owned by himself and stored in his ownwarehouse.

Prior to the enactLon df Article 5577a, V.C.S., the Legislature had enacted laws governing public warehousemen and public warehouses, such laws being Artfcles 5568-5577, V.C.S. The definftion of public warehousemen set out in Article 5568, v,c.s., covers and includes the public graEn warehousemen covered and descri’bed fn Article 5577a, the Texas Grain Warehouse Law. except to the extent that Articles 5568-5577

‘““,‘o~%‘l~~ with and are repealed by Article 5577a, V.C,i., v*c.s., they are still applfcable to public grain warehousemenThe pertinent portion of the statutes existing prior to the enaction of Artfcle 5577a which concerns the question here under consfderatfon, d.sthe following portion of Artfcle 5576, V.C.S.:

II wareho&m& and provided, further, that no public

shall issue awarehouse receipt against his ownproperty in his ownwarehouse; but upon sale of such property in good fai,th may issue to the purchaser his public warehouse receipt in form and manner as herein provided, which issue and delivery of the receipt shall be deemed to complete the sale, for it constitutes the purchaser full owner, as aforesaid, of the property therein described.”Honorable John C, White, Page 2 

### (W-143)

The Texas Grain Warehouse Law (Article 5577a V,C.S.) contains a general provision repealing all laws or par% s of laws in conflict therewith; and “In the absence of any constitutional prohibition against such method, a general repealing clause is effective to repeal pri.or enactments to the extent that they are inconsistent with, or repugnant to the terms of the later statute,” 

### 39Tex.Jur.,
F9 “‘Statutes8? 

### 13f Sec. 

### 68. Gaddes y.

101 Tex. 

### 574 110 S.W. 429 

### (1908); &arrett v, Stat 1 1Tex.Cr.R. 

### 556,274 S.W.2d 

### 366(1955).See also Rerrv v?Stata, 

### 69Tex.Cr.R. 

### 602,~56S.W. 

### 626(19131a

We have examined Article 5577a, V.C.S., in its entirety and have failed to find any confliot between this statute and the above quoted portion of Article 

### 5576,V.C.S. It is our conclusion that the above quoted por,tion of Article 

### 5576,VoCOSo, was not repealed by Section 23 of Ch. 

### 106,p. 

### 385,Acts 53rd Legislature, 

### 1953 and controls the question presented to us. Accordingly, it 1s our opinion that a duly licensed public grain warehouseman may not issue anegotiable warehouse receipt to himself for grain owned by him which is stored in his ownwarehouse.

Article 5577a9 V,C,S. does not repeal the quoted portion of Article 

### 5576,since the two are not in conflict e Awarehouseman duly licensed under the Texas Grain Warehouse Law (Article 55’77a9 VOC,S.) may not issue a negotiable warehouse receipt to himself against his ownproperty in his ownwarehouse. Very truly yours, WILLWILSON Attorney General of Texas

JHEa:pf:wb APPROVED: OPINIONCOMMITTEE 0h.11 H. Minton, Jr. c

J. C. Davis, Jr. Chairman. Houghton Brownlea, Jr. Wallace Finfrock Lenny Zeiener REVIEWEDFORTHEATTORNEY GENERAL By: Geo. P. Blackburn