Hon. F. T. Graham 

Criminal District Attorney 

Opinion No. M-S24 

Cameron County Re: Construction of 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 facts which we quote, in part, asp follows: 

"We desire your opinion as to what effect, 

if any, the above cited House Bill No. 07 will 

have upon Articles 1577 and 734513, Section 9, 

Vernon's Annotated Civil Statutes of the State 

of Texas. 

" . . . 

"It is noticed that the codifier has styled 

House Bill No. 01 as 'Public Lands Sale by 

Political Subdivisions-Publication of Notices' 

and has by foot note No. 53 indicated that 

House Bill No. 07 when 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 

caption of House Bill No. 07 and in the body of 

the House Bill is there any reference to public 

land, or lands, out of the public domain. 

*Article 1577, Vernon's Annotated Civil 

Statutes of the State of Texas, sets out the 

procedure by which the Commissioners' Court may 

appoint a commissioner to sell and dispose of 

any real estate of the county at public auction; 

and Article 7345b, Section 9, of said Vernon's 

Statutes provides the procedure for disposing 

of property purchased by the taxing unit as 

trustee. 

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. 

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

"Article 7345b, Section 9, provides, in part, 

that the taxing unit previously purchaser of 

property at a tax sale may dispose of said 

property at any time in any manner determined to 

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 appreciate your opinion as to 

whether or not the above cited,House Bill No. 

87 is a general bill, 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 amendment to, 

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 first publishing in a newspaper of 

general circulation in the county where the 

land is located or 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 procedures under which sealed bids 

to purchase the land may be submitted. Notice 

shall be so given at least on two Separati 

occasions and no sale shall be held less than 

14 days after the last notice. DYE. 

"Sec. 2. Land owned by a political subdivision that wishes to contract with an independent foundation for the development of 

that land need not be offered for sale on 

public bid nor sold to the highest bidder. 

"Sec. 3. Nothing ,in this Act shall require 

the governing body of any such political 

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Hon. P. T. Graham, page 3 (M-524) 

subdivision to accept any bid 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 

laws which detail the procedure,fot the sale and disposal 

of land owned by political subdivisions of. the State named 

therein. House Bill 87 (Article 5421c-12) is a general law 

which pertains to the sale of land by all political subdivisions of.the State. In answer to your. first question, 

you are advised that it is well settled that special legislation is not repealed by a later general act unless specifically mentioned in the general law or such purpose was 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 that H.B. 

07 contains no repealing clause nor is such a purpose made 

manifest in the provisions of the bilf; Consequently, it is 

our opinion that H.B. 87 in no manner repeals Article 1577 or 

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 that when a general 

intention is expressed and also a particular intention which 

is incompatible with the general one;.the particular intention which is incompatible with 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 special purposes and aims the two 

acts can stand together. Paul v. State, supra. 

Moreover, in this regard, it was held in the case of 

Cabbert v. City of Brownwood, 176 S.W.2d 344 (Tex.Civ.App. 1943, 

error ref.) that when a statute makes 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, and Article 734533, 

Section 9, Vernon's Civil Statutes. ' 

:i 

The constitutionality of Section 2 of H.B. il is 

not before us. and therefore we 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,but does not in 

any manner repeal Article 1577-or Article 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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