_ . \ 

E GENERAL 

Honorable Jules Dsmiani 

Criminal District Attorney 

Galveston County 

Galveston, Texas 

Opinion No. ~~-1376 

Re: Whether Section 19 of 

Senate Bill 101, Third 

Called Session, 57th 

Legislature, repeals 

Senate Bill 135,~Regular 

Session, 57th Legislature, and related quesDear Mr. Damiani: tlon. 

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

1. Does Senate Bill 101, Acts 57th Legislature, 

Third Called Session, 1962, repeal Senate 

Bill 135, Acts 5 th Legislature, Regular 

Session, 1961? 

cle 2338-167. 

Lt oaified by Vernonas Artl2. Does the Juvenile Board created by Senate 

Bill 135 codified by Vernon as Article 5139Lg 

become de r 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 Senate Bill 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; conforming the jurisdiction of 

other courts thereto; fixing its term; providing 

the manner of selection, tenure and compensation 

of the Judge and other officers of said Court; 

providing the manner 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 Legislature has the power to 

repeal a statute, and the power of repeal extends~to a 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), 

involved an attack on the constitutionality of an Act creating 

a Court of Domestic Relations and Juvenile Board In and for 

Potter County (Acts 51st Leg., 1949, ch. 426, p. 792). Senate 

Bill 101 undoubtedly Is valid legislation in view of its simllarity with the Potter County Act and the majority opinion of the 

Texas Supreme Court in the Jordan case sustaining the constutionality of the Potter County r 

The title of Senate Bill 101 does not disclose that the 

body of the bill contains a repealing provision, but this does 

not invalidate the bill or the repealing clause on constitutlonal grounds pursuant to Section 35 of Article III, Texas Constitution. Referring to an Oklahoma constitutional provision which 

is identical for all practical purposes to Section 35 of Article III, the Supreme Court of Oklahoma stated the general rule 

involved as follows: 

"An act may incorporate a provision for 

the repeal of an Inconsistent prior 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 inconsistent with 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 subject may 

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 principle was upheld by the Supreme Court of 

Nebraska in Thompson v. Commercial Credit Equipment Corp., 99 

N.W.2d 761, 767 [lm d th GalvestonCourt 

Geffert v. 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 Senate Bill 101 provides: 

"All laws and parts of laws in conflict 

herewith pertaining to the Juvenile Board of 
Ron. Jules Damlani, page 3 (~~-1376) 

Galveston County, including Senate Bill 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) establishes a Juvenile Board in Galveston County, 

and Section 20 provides that the effective date of thee Act 

shall be 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 Senate Bill 135, 

Acts 57th Legislature, Regular Session, 1951. The Juvenile Board 

created by 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 Senate Bill 101. 

Yours very truly, 

WILL WILSON, 

Attorney General of Texas 

F. R. Booth 

FRB:ms Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Bill Allen 

Gordon Zuber 

John Reeves 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore