The Attorney General of Texas 

November 26, 1980 

MARK WHITE 

Attorney General 

Honorable Phillip D. Creer, FAIA 

Executive Director 

Texas Board of Architectural 

Examiners 

5555 N. Lamar Boulevard 

Austin, Texas 78751 

Opinion No. MN-289 

Re: Transfer of property of the 

Board of Landscape Architects 

Dear Mr. Creer: 

You have requested our opinion regarding the transfer of property of 

the Board of Landscape Architects. 

Effective September 1, 1979, the Texas State Board of Landscape 

Architects was consolidated with the Texas Board of Architectural 

Examiners. S.B. 551, Acts 19’79, 66th Leg., ch. 619, at 1393. The statute 

stated: 

The Texas State Board of Landscape Architects is 

consolidated with the Texas Board of Architectural 

Examiners. The functions of and the records and 

other property in the custody of the landscape 

architects board are transferred to the architectural 

examiners board. Except as provided by Subsection 

(b), Section 10 of this Act, the offices of the members 

of the landscape architects board are abolished. 

Thus, as of September 1, 1979, the Board of Architectural Examiners became 

the successor in interest of the Board of Landscape Architects. The statute 

also provides: 

All sums of money paid to the board under the 

provisions of this Act, shall be deposited in the 

treasury of the State of Texas, and placed in a special 

fund to be known as the Landscape Architects Fund, 

formerly known as the Texas State Board of 

Landscape Architect’s and Irrigator’s Fund, and may 

be used only for the administration of this Act. 

I&, codified as article 249c, section 10, V.T.C.S. 

p. 896 
Honorable Phillip D. Creer - Page Two (kit-280) 

The General Appropriations Act for the 1979-81 biennium, also effective 

September 1, 1979, contains the following rider to the appropriation for the Texas 

Board of Irrigators: 

Effective September 1, 1979, 50 percent of the funds and 

property credited to the Board of Landscape Architects and 

Irrigators Fund shall be transferred by the State Treasurer to 

the Board of Irrigators Fund to be used for the purposes of this 

appmpriation. 

H.B. 558, Acts 1979, 66th Leg., ch. 843, at 2671. This rider does not enact general law, 

but merely directs the use of sppmpriat,ed funds. See Attorney General Opinions MW133 (1980); MW-51 (1979). It requires that one-half of11 funds and property credited to 

the Board of Landscape Architects and Irrigators Fund be transferred to the Board of 

Irrigators Fund created by section 6(a) of article 8751, V.T.C.S. Although the name of 

the Board of Landscape Architects and Irrigators Fund was simultaneously changed to 

the Landscape Architects Fund, we do not believe that this change evidences any 

conflict between the two statutory provisions. Indeed, it demonstrates that the 

legislature was attempting to divide equally the proceeds of a fund formerly shared by 

the two agencies. 

The two statutes at issue here were enacted at the same legislative session, took 

effect on the same date, and relate to the same subject matter. Consequently, they 

are in pari materia with each other and must be construed together in carrying out the 

legislative intent. Any conflict between them should be harmonized if it is reasonably 

possible to cb so. Allen v. Texas Department of Public Safet , 411 S.W. 2d 644, 646 

(Tex. Civ. App. - Texarkana 1966,no writ); Texas State Board o Dental Examiners v. - 

Fenlaw, 357 S.W. 2d 185, 189 (Tex. Civ. App. - Dallas 1962, no writ); Rob v. 

Hawthorne, 84 S.W. 2d 1108,lllO (Tex. Civ. App. - Dallas 1935, writ dism’d W.O.J. Y- . 

In our opinion, there is no conflict between the two provisions. When read 

together, they clearly require that one-half of the funds and property credited to the 

Board of Landscape Architects and Irrigators Fund be transferred to the Board of 

Irrigators Fund, effective September 1, 1979. The remaining funds and property remain 

in the custody and control of the Landscape Architects Fund, as successor in interest 

of the Board of Landscape Architects and Irrigators Fund. 

SUMMARY 

One-half of the funds and property credited to the Board of 

Landscape Architects and Irrigators Fund should have been 

transferred to the Board of Irrigators Fund, effective 

September 1, 1979. The remaining funds and property remained 

in the custody and control of the Landscape Architects Fund, as 

successor in interest of the Board of Landscape Architects and 

Irrigators Fund. 

p. 897 
. Honorable Phillip D. Creer - Page Three (Ml+280) 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMlTTEE 

Susan L. Garrison, Acting Chairman 

Jon Bible 

Ride Gilpin 

Bruce Youngblood 

p. 898