## THEA~TORNEYGENERAL OF TEXAS

AUSTIN. Tmx~s 78711

May 19, 1977

Honorable W. E. Snelson, Chairman Opinion No. H-995 Committee on Intergovernmental Relations Senate of the State of Texas Austin, Texas Re: Status of the offices of Inspector of Hides andAnimals, and of Public Weigher inHarris County.

**Dear** Senator Snelson:
The Senate Intergovernmental Relations Committee is considering separate **bills** toabolish the office ofpublic weigher inHarris County and also the office of inspector of hides and animals in that county. You askwhether article 16, section 64of the Texas Constitution requires that each county have an office of inspector ofhides and animals, and whether article 16, section 65requires that each county have an office of public weigher.
Both those constitutional provisions, added in 1954, expressly mention theoffice of Inspector of Hides andAnimals, and section 65of article 16 expressly mentions Public Weighers also, but neither of thempurports to establish such offices or to require that each county in the statemaintain them. Article 16, section 64 specifies a term of fouryears for the inspector of hides and animals specifically, and for county and precinct officers generally. Article 16, section 65regulates the transition from twoyear to fouryear terms forvarious offices. Attorney General Opinion WW-1110-A (1962)indicated that the offices of inspector of hides and animals and public weigher existed inonly a few counties even though their **terms** were mentioned in the Constitution. That opinion construed article 16, sections 64 and 65asmerely intending to increase to fouryears the terms of certain constitutional and statutory offices which article 16, section 30of the Constitution had theretofore limited to twoyears. Thus, itis our opinion that neither office ismandated by article 16, sections 64or 65of the Constitution.

p. 4128Honorable W. E. Snelson, Chairman -page 2 (H-995)

You also ask if article 13.08(c) of the Texas Election Code establishes either office or requires that each county hold elections for them. Article 13.08 of the Election Code governs the conduct ofprimary elections. Subsection (c)thereof sets out the schedule of feeswhich a candidate must pay inorder tohave his name placed on theballot for the office he seeks. It specifically lists fees for inspectors ofhides and animals and forpublic weighers, but, again, the statute does not purport to establish such offices.
With respect to the office of inspector of hides and animals, you ask two additional questions:

Does Chapter 130,Acts of the Sixteenth Legislature, Regular Session, adding Harris County to the counties inwhich all laws relating to acts encouraging stock raising and for theprotection of stock raisers, abolish the Office of Inspector of Hides and Animals inHarris County?
Does the inclusion ofArticle 7306 in Title 124of the 1911 Codification of the Texas Revised Civil Statutes,[nowV.T.C.S. art. 70061 operate to negate theprovision ofArticle 7305 [nowV.T.C.S. art. 70051 of that sameAct? Article 7305 exempts many counties, among them being Harris County, "from the provisions of this chapter, and from all laws regulating inspection of hides and animals."
Virtuallv identical questions were answered by the Amarillo Court of Civil Appeals inBoyd v. Dillard, 127 S.W.2d 963 (Tex.Civ.Aoo. --Amarillo 1939,writ ref'd). In that case Boydwas e&ted inspector ofhides and animals for Lubbock County but Dillard, the county judge, refused to allow him toqualify or to enter upon theduties of the office. The court first characterized the question tobe decided as "whether or not the office of hide and animal inspector exists inLubbock County," and then traced the background of the'office, atpage 964:

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Honorable W. E. Snelson, Chairman -page 3 (H-995)

The Constitution, Art. 16, Sec. 23, Vernon's Ann.St., provides that: "The Legislature may pass laws for the regulation of live stock and the protection of stock raisers in the stock raising portion of the State, and exempt from the operation of such laws other portions, sections, or counties: and shall have power topass general and special laws for the inspection of cattle, stock and hides and for the regulation of brands; provided, that any local law thus passed shall be submitted to the free-holders of the section tobe affected thereby, and approved by them, before it shall go into effect."
This provision was included in the Constitution as itwas adopted in 1876. Soon after the adoption of the Constitution, the Legislature passed a comprehensive act for theprotection of stock raisers, the principal elements ofwhich are now included inChapter 7,Title 121, R.C.S. 1925, embracing Arts. 6972 to 7004, inclusive. Article 6972 establishes the office of Inspector of Hides andAnimals and requires that such an officer be elected in "[elach organized county, not expressly excepted herein." The excepted counties are listed by article 7005. Like Harris County, Lubbock County was not one of those excepted in the original 1876 act. Harris County was added to the excepted listby the Sixteenth Legislature in 1879 and Lubbock County in 1917. As the Boyd v. Dillard court explained:

In 1909 the 31st Legislature enacted what isnowArts. 7006, 7007 and 7008 which provide substantially thatwhenever twenty-five qualified voters of each justice precinct inany county, or amajority thereof, shall petition the commissioners' court for an election to determine whether such county shall have a hide and animal inspector, the court shall order such election tobe held after thirty days notice.

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Honorable W. E. Snelson, Chairman -page 4 (H-995)

I&at 964. The,Boyd **V.** Dillard court held that the legislative inclusion of Lubbock County in the article 7005~list of excepted counties abolished the office of inspector of hides and animals in Lubbock County notwithstanding that Lubbock County had previously voted tohave such an officer for the county inasmuch as it exempts such counties "from all laws regulating the inspection of hides and animals," including article 7006. Id. at 964. The court observed atpage 965: -

That Art. 7006 isa law regulating the inspection of hides and animals, and that it is such a law as is contemplated byArt. 16, Sec. 23of the Constitution inwhich the Legislature is given authority to exempt counties from the operation of lawspassed by itregulating the inspection of hides and animals, cannot seriously be questioned.
Article 7006does not apply toHarris County because article 7005 and itspredecessors exempt HarrisCounty from its operation. Boyd v. Dillard, supra. See also Attorney -- General Opinions O-7242 (1946);O-508 (1939); 53Tex. Jur. 2d, Stock Laws § 20at 370. Therefore, it isour opinion that chapter 130,Acts of the 16th Legislature, abolished the office of Inspector of Hides andAnimals inHarris County.

In connection with the office of Public Weigher you ask:
Ifno local option election has been held creating the office of Public Weigher inHarris County, does such an office exist?
The office ofpublic weigher is an elective office "[iIn all counties other than Travis County inwhich there are no city or cities inwhich the Secretary of State is authorized to appoint public weighers." V.T.C.S. art. 5683. The Secretary of State is authorized "and required" to appoint five persons aspublic weighers in every city which receives annually one hundred thousand bales of cotton on sale or for shipment; inevery city and town which receives any other commodities in large quantities "it shall be lawful" forhim to appoint public weighers. V.T.C.S. art. 5681. Houston

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Honorable W. E

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. Snelson, Chairman -page 5 (H-995)

is such a city',and therefore there isno statutory provision for the election of apublic weigher inHarris County, but the Secretary of State is required by law to appoint public weighers for~certaincities. SeeV.T.C.S. art. 5692; Attorney General Opinion M-122 (1967)TGenerally see 61Tex. Jur. 2d,Weights andMeasures S 2 at 71. -

SUMMARY
~Theoffices of inspector of hides and animals and ofpublic weigher are not established by article 16, sections 64 or 65of the Texas Constitution for each county of the state, nor does article 13.08 of the Texas Election Code establish such offices. The offices are otherwise statutorily established, but the office of inspector ofhides and animals .inHarris County has been statutorily abrogated and the office ofpublic weigher inHarris County isan appointive office, not an elective office. truly yours,

Attorney General of Texas
APPROVED: 

# B-=--v&

tAssistant

Opinion Committee
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