The Attorney General of Texas 

October 20. 1981 

MARK WHITE 

Attorney General 

Supreme Court Sulfding 

P. 0. Box 12543 

Austin, TX. 78711 

5121475-2501 

Telex SlOfS74-1367 

TelecODler 51214750266 

1507 Maln St.. Suite 1400 

Dallas, TX. 75201 

21417428344 

4824 Alberta Ave.. Suite 160 

El Paso, TX. 79005 

9l5L533a4s4 

1220 Dallas Ave., SuIIe 202 

Houston, TX. 77002 

713/SSC6 Broadway. Sulie 312 

Lubbock. TX. 79401 

303/747-5233 

4309 N. Tenth. Sulle 8 

McAllen. TX. 78501 

51216824547 

200 Main Plaza, Suite 400 

San Antonlo. TX. 78203 

51212254191 

An Equal OpportunItyI 

AffIrmaWe Actlon Employer 

Honorable Tom Craddick, Chairman 

Committee on Natural Resources 

House of.Representatives 

Austin, Texas 78711 

opinion No. MW-377 

Rt?: construction of concurrent amendments to article 

2.01b Texas Election Code, 

Ann. 

Dear Chairman Craddick: 

In your request for our opinion you raise~the following question: 

Would a confirmation election, director election 

or maintenance tax election held in conjunction 

with the creation of a political subdivision 

provided for by article XVI, section 59 of the 

'Texas Constitution, which furnishes water or sewer 

services to household users, be valid if conducted 

on a date other than one of the uniform election 

dates under the provision of Senate Bill 776? 

Article 2.01b of the Election Code requires. that elections be 

held oncertain uniform dates, but exempts certain specific types of 

elections from this requirement. Prior to this session of the 

legislature the only exempted eleCtions were run-off elections, 

political subdivisions using the convention method of election, 

"elections held under chapter 467, acts of the 44th Legislature, 2d 

Called Session, 1935, as amended," &, local .option liquor 

elections, elections for bonds and.school maintenance taxes, and the 

biennial party,primary elections. 

Senate Bill 776, which was finally passed by the legislature on 

May 23, 1981, and signed by the governor on June 8, 1981, amends 

paragraph (1) of article 2.01b to exempt certain other elections from 

its provisions, specifically: 

. . . . confinaation elections, director elections, 

and maintenance tax elections, held in conjunction 

with the creations of political subdivisions 

provided for by Article XVI, Section 59 of the 

Texas Constitution, which furnish water or sewer 

services to household users. 

p. 1270 
Mr. Tom.Craddick - Page 2 (Mw-377) 

On May 30. 1981, Souse Bill 1487 was finally passed by the 

legislature and was signed by the governor on June 15, 1981. 

House Bill 1487 also amends paragraph (1) of article 2.01b by 

substituting the words "local option election held under the Alcoholic 

Beverage Code" for the third type of exempted election ("elections 

held under Chapter 467, Acts of the 44th Legislature, 2d Called 

Session, as amended"), and inserting the underlined words in the 

fourth item listed above - "elections for bonds and elections for 

school maintenance taxes." 

House Bill 1487 makes no reference to Senate Bill 776, nor does 

Senate Bill 776 make reference to House Bill 1487. 

Based on these facts, we may rephrase your question as follows: 

Did the adoption of House Bill 1487 repeal, by 

implication or otherwise, the provisions of Senate 

Bill 776? 

The answer to this question' is governed by the Texas Code 

Construction Act, article 5429b-2. V.T.C.S;, which provides at section 

3.05(b): 

. ..if amendments to the same statute are enacted 

at the same session of the legislature, one 

amendment without reference to another, the 

amendments shall be harmonized, if possible, so 

that effect may be given to each. If the 

amendments are irreconcilable, the latest in date 

of enactment~prevails. 

While the Election Code is not a "code enacted by the 60th or a 

subsequent Legislature as part of the state's continuing statuatory 

revision program" article 5429b-2, section 1.02(l), the provisions in 

question are "amendments[s]... of a code, or provision thereof, 

enacted by the 60th or a subsequent Legislature." Id. sec:l.02(2). 

Barbee v. State 432 S.W.2d 78 (Tex. Crim. App. 1968) cert. den. 395 

U.S. 924 (1969). See also Thiel v. Harris County Democratic Executive 

Committee.. 534 S.W.2d 891 (Tex. 1976). Therefore, these amendments 

must be harmonized, if possible. 

Even if the Code Construction Act did not apply, it has long been 

settled law in Texas that, whenever the same session of the 

legislature enacts two statutes on the same subject, if neither bill 

referred to the other, then they would be construed to give effect to 

both if possible. Wright v. Broeter. 196 S.W.2d 82, (Tex. 1946); 9 

v. State, 20 Tex. 355 (1857). This is true even when the two ~bills 

amend exactly the same provisions, but use different language. Ex 

parte Patterson. 474 S.W.2d 463 (Tex. Crim. App. 1971). Repeal 5 

implication is not favored, and will be found only if the conflict 

P. 1271 
Mr. Tom Craddick -.Page 3 (MW-377) 

between the contemperaneous statutes is irreconcilable. Wright v. 

Broeter, supra, Ex parte Patterson, B. 

In this case, there is no language suggesting that House Bill 

1487 repeals Senate Bill 776., Furthermore, there is no irreconcilable 

conflict between Senate Bill 776 and House Bill 1487. It is clear 

that the addition of certain elections involving water districts, the 

subject of Senate Bill 776, 

which merely 

will not conflict with House Bill 1487, 

clarifies existing languate regarding local option 

elections and school maintenance tax elections. Since there is no 

irreconcilable conflict, both enactments can be given effect, and 

those~elections included in Senate Bill 776 may be held on non-uniform 

dates. 

SUMMARY 

The provisions of Senate Bill 

conformation elections, director 

_ 

776; permitting 

elections, and 

~malntenance tax elections held in conjunction with 

the creation of political subdivisions provided 

for by article XVI, .section 59 of the Texas 

Constitution which furnish water or sewer service 

tom household users were not repealed by 

implication by the passage of House Bill 1487. 

Such elections need not be held on the uniform 

dates provided by article 2.01b of the Election 

Code. 

Very truly yours, fl 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Bus Gary 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Bus Gary 

Rick Gilpin 

Jim Moellinger 

p. 1272