~~A~ORNEY GENERAL 

TEXAS 

PRICE DANIEL 

ATTORNEY GENESAL 

‘~Ucvrnv 11. -ImExAs 

February 11, 1952 

Hon. Austin F. Anderson Opinion No. V-1403 

Criminal District Attorney 

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 abolished by 

the adoption of the Optional County Road Law of 1947 

and the appointment of 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 "County Engineer" by the commissioners' court of 

Bexar County. It prescribes his qualifications and duties, and 

determines his salary. Article 6716-1, V.C.S., provides for the 

employment of a "County Road Engineer" by the commissioners' 

court, but prescribes different qualifications, salary, and duties than that required of the "County Engineer" under the Bexar 

County Road Law, although both have substantially the same powers. 

In this connection Section 11 of Article 6716-1, V.C.S., 

provides: 

"Sec. 11. The County Road Engineer shall attend 

all meetings of the Commissioners Court when it sits 

to consider county road matters, with the right to participate in the discussions and to make recommendations. 

He shall see that the policies of the Commissioners 

Court relating to county roads are faithfully executed, 

supervise the administration of the county road department , and prepare detailed annual budget estimates for 

the construction and maintenance of the county roads 

and the operation of the county road department. The 

County Road Engineer shall prepare estimates and specifications for all equipment, materials, supplies, and 

labor necessary for the construction and 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 supplies belonging to the county road 

department, prepare plans and specifications for all 

county road construction and maintenance, maintain 

cost accounting records on county road department expenditures, keep a perpetual inventory of all county 

road department equipment, material and supplies, and 

perform such other duties as the Commissioners Court 

may require which are consistent with 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 constructing new 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 highways will 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 Consulting Engineer, under the direction of the Commissioners' Court, shall make careful 

and accurate surveys of the roads and highways to be 

improved, and file with the records of the Court plans 

and specifications and estimates as to the cost thereof. 

11 . . . 

The conflict between these statutes, as they apply to 

the situation about which you ask, Is clear. Article 6716-1, 

V.C.S., contains no clause expressly repealing any of the provisions of Senate Bill 575. Article 6716-l was enacted by the 

Legislature in 1947 but became effective In Bexar County when 

It was adopted at a special election on November 13, 1951. Senate 

Bill 575 was enacted in 1931 as a special law applying only to 

Bexar County. Although an act contains no repealing clause, a 

new enactment abrogates any former act on the same subject insofar as there IS a clear inconsistency between the two acts. This 

rule of statutory construction is based upon the principle that 
Hon. Austin F. Anderson, page 3 (V-1403) 

the latest expression of the Legislature will be given effect. 

Popham v. Patterson, l21Tex. 615, 51 S.W.2d 680 (1932); Townsend 

V. Terrell, 118 Tex. 463, 16 S.W.2d 1063 (1929). 

Applying these rules to the fact situation which you 

present, we agree with your conclusion that Article 6716-1, V.C.S., 

being the later of the two statutes Involved and being in conflict 

with Senate Bill 575, will control and abolish the office of 

County Engineer established by the conflicting provisions of the 

earlier statute. 

SUMMARY 

The position of "County Engineer" 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 abolished by 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 

County Road Law of 1947) provides for the employment of 

a "County Road 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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