# ~~A~ORNEY GENERAL TEXAS

PRICE DANIEL ATTORNEY

GENESAL ‘~Ucvrnv 11. -ImExAs
February 11, 1952

Hon. Austin F. Anderson Opinion No. V-1403 Criminal DistrictAttorney San Antonio 5, Texas Re: Effect of adoption of the Optional County Road Law of Dear Sir: 1947 upon the County Engineer

You have requested an opinion onthe following question:
"Was the office of County Engineer abolishedby the adoption of the Optional County Road Law of 1947 and the appointmentof a County Road Engineer?"
You state in your request that on November 13, 1951, the electorate of Bexar County adopted the provisions of Article 

### 6716-1,V.C.S. (The Optional County Road Law of 1947), and pursuant to its provisions the commissioners'court employed a "County Road Engineer".

The Bexer County Road Law (S.B. 575,Acts 42nd Leg., R.S. 1931, special laws, ch. 137, p. 259) provides for the employment of a "CountyEngineer" by the commissioners'court of Bexar County. It prescribes his qualificationsand duties, and determineshis salary. Article 6716-1,V.C.S., provides for the employment of a "CountyRoad Engineer" by the commissioners' court, but prescribes different qualifications,salary,and duties than that required of the "CountyEngineer" under the Bexar County Road Law, althoughboth have substantiallythe same powers.

In this connectionSection 11 of Article 6716-1,V.C.S., provides:
"Sec. 11. The County Road Engineer shall attend all meetings of the CommissionersCourt when it sits to consider county road matters, with the right to participate in the discussionsand to make recommendations. He shall see that the policies of the Commissioners Court relating to county roads are faithfullyexecuted, supervisethe administrationof the county road department, and prepare detailed annual budget estimates for the constructionand maintenance of the county roads and the operation of the county road department. The County Road Engineer shallprepare estimates and specifications for all equipment,materials, supplies,and labor necessary for the constructionand maintenance- .

Hon. Austin F. Anderson, page 2 (V-1403)

of the county roads and the operation of the county road department, serve as custodian for all equipment, materials, and suppliesbelonging to the county road department,prepare plans and specificationsfor all county road constructionand maintenance,maintain cost accounting records on county road departmentexpenditures, keep a perpetual inventory of all county road departmentequipment,material and supplies,and perform such other duties as the CommissionersCourt may requirewhich are consistentwith this Act." Senate Bill 575 (The Bexar County Road Law), on the other hand, insofar as it concerns the duties of the "County Engineer"provides:

"Sec. 6.
. . . Such engineer by and with the authority of the Commissioners'Court and subject to its directions, shall have the power to employ assistants to aid him in the discharge of his duties.
. . . "Sec. 13.
. . .The Commissioners'Court in laying out and constructingnew roads or providing for their maintenance,extension or repair, shall in advance of the work, call on the County Engineer or Consulting Engineer for estimates as to the cost involved in the improvements,and the probable amount of traffic in tonnage the proposed highwayswill care for, and the report of such engineer shall be filed in writing and become a part of the records of the Court. . . . "Sec. 14. Before actual construction shall have begun on any road or highway so to be improved,the County Engineer, or ConsultingEngineer, under the direction of the Commissioners'Court, shallmake careful and accurate surveys of the roads and highways to be improved,and file with the records of the Court plans and specificationsand estimates as to the cost thereof. 11

. . . The conflictbetween these statutes,as they apply to the situationabout which you ask, Is clear. Article 6716-1, V.C.S., containsno clause expressly repealing any of the provisions of Senate Bill 575. Article 6716-l was enactedby the Legislature in 1947 but became effective In Bexar County when It was adopted at a specialelection on November 13, 1951. Senate Bill 575 was enacted in 1931 as a special law applying only to Bexar County. Although an act containsno repealing clause, a new enactment abrogates any former act on the same subject insofar as there IS a clear inconsistencybetween the two acts. This rule of statutory construction is based upon the principle thatHon. Austin F. Anderson, page 

### 3 (V-1403)

the latest expression of the Legislaturewill be given effect. Popham v. Patterson, l21Tex. 

### 615,51 S.W.2d 

### 680 (1932);Townsend V. Terrell, 118Tex. 

### 463,16 S.W.2d 

### 1063 (1929).

Applying these rules to the fact situationwhich you present, we agree with your conclusionthat Article 

### 6716-1, V.C.S., being the later of the two statutes Involved and being in conflict with Senate Bill 

### 575,will controland abolish the office of County Engineer establishedby the conflictingprovisions of the earlier statute.

SUMMARY

The position of "CountyEngineer" under the provisions of the Bexar County Road Law (S.B. 

### 575,Acts of the knd Leg., R.S. 1931, special laws, ch. 

### 137,p. 259) was abolishedby the adoption of the optional County Road Law of 1947 (Article 

### 6716-1, V.C.S.) by the electorate of Bexar County. This later enactment (Optional CountyRoad Law of 1947) provides for the employment of a "CountyRoad Engineer" by the Commissioners'Court and prescribes his duties and qualifications.

Yours very truly,

APPROVED: J. C. Davis, Jr. County Affairs Division PRICE DANIEL Attorney General

E. Jacobson Reviewing Assistant Charles D. Mathews First Assistant Assistant

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