Hon. **F.** T. Graham

Criminal DistrictAttorney OpinionNo.M-S24 Cameron County Re: Constructionof H.B. 87, Brownsville,Texas **Acts** 61st Leg., R.S. 1969, Ch. 455,p. 1512, concerning sale of real estate owned **Dear Mr.**  Graham: by political eubdivisiona.

In your letter requesting an opinion from this office, you submit certain factswhich we quote, in part, aspfollows:

"Wedesire your opinion as towhat effect, if any, the above cited House BillNo. 07will have upon Articles 1577 and 734513, Section 9, Vernon'sAnnotated Civil Statutes of the State of Texas. "

. . . "It is noticed that the codifierhas styled House Bill No. 01 as 'PublicLands Saleby Political Subdivisions-Publicationof Notices' and has by foot note No. 53 indicatedthat House Bill No. 07when ultimately codified will be an amendment to Article 5421c,Section 12 of Vernon's Annotated Civil Statutes

### of the State of Texas. However, nowhere in the captionof House Bill No. 07 and in thebody **of** the House Bill **is** there any **reference** topublic land, or lands, out of the public domain. *Article 1577,Vernon's AnnotatedCivil Statutesof the State 

### ofTexas, sets out the procedureby which the Commissioners'Court **may** appointa commissioner to sell and dispose **of** any real estate of the county atpublic auction; andArticle **7345b,** Section 9, of saidVernon's Statutesprovides the procedure **for** disposing of propertypurchased by the taxingunit as trustee.

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Hon. **F.** T. Graham,page 2 (M-524)

"Article 7345b, Section 9, provides, in part, that the taxingunit previously purchaser of property at a tax salemay dispose of said property at any time in anymanner determinedto be most advantageous to said taxing unit, or units, either at public or private sale.' With regard to these facts,you ask the following questions:"We should appreciateyour opinion as to whether or not the above cited,House BillNo. 87 is a generalbill, and as such does it repeal Article 1577, and Section 9 of Article 734Sb, Vernon's Civil Statutes of the State of Texas? "We also are concerned as to how the codifier classified House Bill No. 01 as an amendmentto, Article 5421c, Section 12 of Vernon's Annotated Civil Statutes of the State of Texas." House Bill 07, Acks 61st Legislature,Regular Session, chapter 455, page 1512, effective June 10, 1969,provides, in part. as follows:

"Section 1. No land owned by a political subdivision of the State of Texas **may**be sold without firstpublishing in a newspaper of general circulation in the countywhere the land is locatedor in an adjoining county, if there is no such newspaper, a notice that the land is to be offered for sale to the general public, its description, its location and the proceduresunderwhich sealed bids to purchase the landmay be submitted. Notice shall be so given at least on two **Separati** occasions and no sale shall be held lessthan 14 days after the last notice. DYE. "Sec. 2. Land owned by a political subdivision thatwishes to contract with an independent foundation for the development of that landneed not be offered for sale on public bid nor sold to thehighest bidder. "Sec. 3. Nothing ,inthis Act shallrequire the governingbody of any such political

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subdivision to accept anybid or be required to consummate any sale. " I

. . . Article 1577,Vernon's Civil Statutes, and Article 734533,

Section 9, Vernon's Civil Statutes, are each special lawswhich detail the procedure,fot the sale and disposal of land owned by political subdivisionsof.the State named therein. House Bill 87 (Article5421c-12) is a general law which pertains to the sale of landby all political subdivisions of.the State. In answer to your. first question, you are advised that it iswell settled that special legislation is not repealed by a later general act unless specifically mentioned in the general law or such purposewas made manifest from the plain provisions of the general law. Paul v. State, 106 S.W. 440 (Tex.Civ.App.1907, error ref.),m 734513,Sec. 13, V.C.S. It is noted in this respect thatH.B. **07** contains no repealing clausenor is such a purposemade manifest in the provisions of the bilf; Consequently, it is our opinion that H.B. **87** inno manner repealsArticle 1577or Article 7345b, Section 9, Vernon's Civil Statutes.

This does not mean, however, that H.B. **07** has no effect. It is a well established rule thatwhen a general intention is expressed and also a particular intentionwhich is incompatible with the general one;.the particular intentionwhich is incompatiblewith the general one shall be considered an exception to the general and in such cases, full effect may be given to the general rule beyond the scope of the local or special law and by allowing the latter to operate according to its specialpurposes and **aims** the two acts can stand together. Paul v. State, supra.

Moreover, in this regard, itwas held in the case of Cabbert v. City of Brownwood, 176 S.W.2d 344 (Tex.Civ.App.1943, error ref.) that when a statutemakes a general provision for all cases s&h as for all highways in all counties and a special provision for a particular class such as highways in cities and towns, the latter prevails insofar as the particular class is concerned. This is so whether the general and special statutory provisions are contained in the same actor different acts. Trinity Universal Co. v. McLaughlin, 373 S.W.Zd 66 (Tex.Civ.App. 1963, rehearing denied 374 S.W.Zd 350,no writ).

Therefore, on the basis of the foregoing authorities, it is our opinion that H.B. 07 is operable outside the scope

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Hon. F, T. Graham, page 4 (M-524)

of Article 1577,Vernon's Civil Statutes, andArticle 734533, Section 9, Vernon's Civil Statutes. ' :i The constitutionalityof Section 2 of H.B. **il is**  not before us. and thereforewe do'not express any opinion on same. In answer to your second question, you are advised that H.B. **87** will be codified as a new Article 542lc-12, rather than an amendment to Article 5421~. S 0 **MU** A,R Y R.B. **87** is a general.law,butdoes not in any manner repeal Article 1577-orArticle **7345b,** Section.9,~Vernon's Civil,Statutes. H.B. 87 is operable outside.the scope of Article 1571,Vernon's Civil Statutes, and Article 7345b, Section 9, Vernon's Civil Statutes. H.B. **87** will be codified as a new Article 5421c-12 rather than an amendment to Article 5421c, Vernon's Civil Statutes. ,/

General of Texas Prepared by Ivan R. Williams, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman John Banks Vince Taylor Sam Jones James Quick MEADE **F.** GRIFFIN Staff Legal Assistant NOLA WHITE First Assistant

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