# The Attorney General ofTexas

November 26, 1980 MARKWHITE Attorney General
Honorable Phillip D.Creer, FAIA Executive Director Texas Board ofArchitectural Examiners 5555 N.Lamar Boulevard Austin, Texas 78751 Opinion No. MN-289 Re: Transfer of property of the Board ofLandscape Architects

Dear Mr. Creer: You have requested our opinion regarding the transfer ofproperty of the Board ofLandscape 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 10ofthis Act, the offices ofthe members ofthe landscape architects board are abolished. Thus, as of September 1,1979, the Board ofArchitectural Examiners became the successor in interest ofthe Board ofLandscape 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 ofthe State ofTexas, and placed inaspecial 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 beused only for the administration ofthis Act. I&, codified asarticle 249c, section 10,V.T.C.S.

p. 896Honorable 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 ofIrrigators:

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 ofIrrigators 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 ofafund 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 inpari materia with each other and must be construed together incarrying out the legislative intent. Any conflict between them should beharmonized ifit isreasonably possible to cb so. Allen v. Texas Department of Public Safet ,411S.W. 2d644, 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, 84S.W. 2d1108,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 ofthe Board ofLandscape 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 ofthe Landscape Architects Fund, as successor in interest of the Board ofLandscape Architects and Irrigators Fund.

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

MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General RICHARD E.GRAY III Executive Assistant Attorney General Prepared byRick Gilpin Assistant Attorney General APPROVED: OPINION COMMlTTEE Susan L. Garrison, Acting Chairman Jon Bible Ride Gilpin Bruce Youngblood

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