HFCAYTORNEY GENERAL 

OFTEXAS 

June 11, 1957 

Honorable John C. White 

Department of Agriculture 

Austin, Texas 

Opinion Woo WW-143. 

Ret Can a warehouseman duly 

licensed under the Texas 

Grain Warehouse Law (Ch. 

106, p. 305 Acts 53id Legislature 1453 codified 

as Article 557ja, VoCoS.) 

issue a negotiable warehouse receipt to himself 

for grain owned by him 

which is stored In his own 

Dear Mr. WhFnite: warehouse? 

You have requested our opinion as to whether a warehouseman 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 own warehouse. 

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 

v*c.s., ‘““,‘o~%‘l~~ with and are repealed by Article 5577a, V.C,i., 

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.s the following portion of Artfcle 

5576, V.C.S.: 

II 

wareho&m& 

and provided, further, that no public 

shall issue a warehouse receipt against 

his own property in his own warehouse; 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,” 39 Tex.Jur., 

F9 

“‘Statutes8? 13f Sec. 68. Gaddes y. 

101 Tex. 574 110 S.W. 429 (1908); &arrett v, Stat 

1 1 Tex.Cr.R. 556, 274 S.W.2d 366 (1955). See also Rerrv v?Stata, 

69 Tex.Cr.R. 602, ~56 S.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 a negotiable warehouse receipt to himself 

for grain owned by him which is stored in his own warehouse. 

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

portion of Article 5576, since the two are not in 

conflict e A warehouseman duly licensed under the 

Texas Grain Warehouse Law (Article 55’77a9 VOC,S.) may 

not issue a negotiable warehouse receipt to himself 

against his own property in his own warehouse. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JHEa:pf :wb 

APPROVED: 

OPINION COMMITTEE 

0h.11 H. Minton, Jr. c 

J. C. Davis, Jr. Chairman. 

Houghton Brownlea, Jr. 

Wallace Finfrock 

Lenny Zeiener 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Geo. P. Blackburn