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E GENERAL

Honorable Jules Dsmiani CriminalDistrict Attorney Galveston County Galveston, Texas OpinionNo. ~~-1376
Re: Whether Section 19 of SenateBill 101, Third Called Session, 57th Legislature,repeals SenateBill 135,~Regular Session, 57th Legislature, and related quesDear Mr. Damiani: tlon.

You request the opinion of this office on the following questions:

1. Does SenateBill 101, Acts 57th Legislature, Third Called Session, 1962, repeal Senate Bill 135, Acts 5 th Legislature,Regular Session, 1961? cle 2338-167. Ltoaifiedby Vernonas Artl2. Does the JuvenileBoard createdby Senate Bill 135 codifiedby Vernon as Article 5139Lg

r become de unct on September 1, 1962, thus requiring the constitution of a new juvenile board by new a pointments in Section 8(a

P of members as provided of SenateBill lOl?
Senate Bill 101, Acts 57th Legislature,Third Called Session, 1962, chapter 64, page 171, is titled:

"An Act creating a Court of Domestic Relations for Galveston County, Texas; fixing the jurisdiction;conformingthe jurisdictionof other courts thereto; fixing its term; providing themanner of selection, tenure and compensation of the Judge and other officers of said Court; providing themanner of and grounds for removal of the Judge of said Court;providing the Juvenile Board of Galveston County;providing for appeals to higher courts;providing the procedure of said Court;providing for the services of certain county and district officers to said Court; contafninf a saving clause; and declaring an emergency.Hon. Jules Damiani,page 2 (~~-1376)

The law is settled that the Legislaturehas the power to repeal a statute,and the power of repeal extends~toa previous Act of the same session. 82 C.J.S. 470, Statutes, Sec. 279.

Jordan v. Crudgington, 149~Tex. 237, 231 S.W.2d 641 (1950), involvedan attack on the constitutionalityof an Act creating a Court of DomesticRelations and Juvenile Board In and for Potter County (Acts51st Leg., 1949, ch. 426, p. 792). Senate Bill 101 undoubtedly Is valid legislation in view of its simllarity with the Potter CountyAct and themajority opinion of the Texas Supreme Court in the Jordan case sustainingthe constutionality of the Potter County r

The title of SenateBill 101 does not disclose that the body of the bill containsa repealingprovision,but this does not invalidatethe bill or the repealing clause on constitutlonal grounds pursuant to Section 35 of Article III, Texas Constitution. Referring to an Oklahoma constitutionalprovisionwhich is identical for all practicalpurposes to Section 35 of Article III, the Supreme Court of Oklahoma stated the general rule involvedas follows:

"An act may incorporatea provision for the repeal of an Inconsistentprior statute or statutes on the same subject,although such repeal is not indicated or referred to in the title,without violatlng~a~constitutional requirement that the subject of an act be expressed In its title, since an intent to repeal all laws inconsistentwith the new measure is necessarily Implied, and so need not be expressed in the title. A repeal of a statute or provision on a different subjectmay not, however, be Included in an act without being disclosed in the title!' Perry v. Carter, 48 P.2a 278, 281 quoting 29 c.J.Ulb, Statutes, Sec. The same principlewas upheld by the Supreme Court of Nebraska in Thompsonv. CommercialCredit Equipment Corp., 99 N.W.2d 761, 767 [lm d th GalvestonCourt Geffertv. Yorktown Ind$ende% School District: f A 1 28Fpi?ws $5, 4 Ci A &;2:)?A::o, 192b), reversed on other grounds 290 S.W. 1083

see 82 C.J.S. 370, Statutes, Sec. 219 and cited cases. Section 19 of SenateBill 101 provides:

"All laws and parts of laws in conflict herewith pertaining to the Juvenile Board ofRon. Jules Damlani,page 3 (~~-1376)

Galveston County, including SenateBill No. 135, Acts of the 57th Legislature,Regular Session, 1961, be, and the same are hereby repealed." This Section is an express repeal of Senate Bill 135. Section 8(a) establishesa JuvenileBoard in Galveston County, and Section 20 provides that the effective date of thee Act shallbe September 1, 1962. Consequently,we answer both of your questions in the affirmative.

SUMMARY Senate Bill 101, Acts 57th Legislature, Third Called Session, 1962, expressly repeals SenateBill 135, Acts 57th Legislature,Regular Session, 1951. The Juvenile Board createdby Senate Bill I.35 is abolished on September 1, 1962, and a new board is authorized to be constituted subsequent to that date by Section 8(a) of SenateBill 101.

Yours very truly,
WILL WILSON, Attorney General of Texas

F. R. Booth Assistant FRB:ms
APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman Bill Allen Gordon Zuber John Reeves
REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore