THEATTORNEY GENERAL 

OF TEXAS 

Ausnlv~~.TExas 

December 2, 1963 

Honorable Joe Carter Opinion No. C-188 

Chairman 

Texas Water Commission Re: Various questions regardin the 

P. 0. BOX 2311 interpretation of Article 7531 l), 

Austin 11, Texas V.C.S., in light of subsequent enactment of Article 6252-13, v.c.S., 

relative to publication of revised 

rules and regulations, etc. of the 

Dear Mr. Carter: Water Commission. RQ 214 

This opinion is In response to your request regarding 

the above cited matter, set out specifically in your letter 

as follows: 

"1 . Do the publication requirements of Article 

7531, Revised Civil Statutes control as to the 

publication in a newspaper of general circulation 

In each of the three water districts of a revision 

of the rules, regulations, etc. of the Commission 

in light of the subsequent enactment of Article 

6252-13~ 

"2 . If the above question is answered in the 

negative, would Section 2(c) of Article 6252-13 be 

authority for the Commission to publish a 'notice 

of revision of its rules’ and Indicate to the 

general public that full and complete copies of 

such revised rules were available on request? 

"3 . If question No. 1 is answered in the affirmative or question No. 2 is answered in the 

negative, in light of the two statutes, what would 

be the minimum publication requirements for such a 

revision of Commission rules, regulations, etc., 

particularly as to: 

"a. Scope of material (i.e., rules, regulations, etc.) required to be published; 

"b. Place cr places required to be published; and 

‘?C . Nature, type, circulation, etc. of publj.cation which must be utilized." 

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Honorable Joe Carter, page 2, Opinion No. C-188 

Article 7531,Vernon's Civil Statutes, as amended by Acts 

1953, 53rd Legislature, ch. 356, p. 872, f4 1, provides: 

(1 After the ,&ommissiog rules and regulations 

shail'have been adopted and printed, no amendment 

of an existing rule or no new rule shall be made 

effective until at least thirty (30) days after 

copy of same shall have been published one time In 

a newspaper of general circulation in each of the 

three Water Divisions described in Article 7475 of 

the Revised Civil Statutes of Texas, 1925." 

Article 6252-13, Vernon's Civil Statutes, as amended b 

Acts 1962, 57th Legislature, 3rd C.S., ch. 31, p. 90, 8 l(b 3 

provides: 

"'Rule' is hereby defined to mean and shall include only rules and. regulations promulgated or 

adopted by any agency governing or relating to 

rules of procedure or practice before such agency 

or to govern its organization or procedure, incluiing the amendment, change, or repeal thereof, 

whether with or without orior hearing: Drovided 

that such definition shall not include br be applicable to rules, regulations, orders, rates, standards, or classifications adopted, promulgated, or 

prescribed by any agency to properly perform its 

statutory duties or to implement or make specific 

the law enforced or administered by any such agency, 

or to rules, regulations, or orders concerning the 

internal management of the agency and not directly 

affecting the rights of or procedure available to 

the public. (Emphasis added.) 

"Sec. 2. In addition to the rule-making requirements imposed or authorized by law: 

'I* * * 

"(c) Prior to the adoption of any rule as defined 

in Section l(b) hereof or the amendment or repeal 

thereof, the:adopting agency shall, so far as-practical, publish or otherwise circulate notice of its 

intended action and afford interested persons opportunity to submit data or views orally or in writing." 

(Emphasis added.) 

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Honorable Joe Carter, page 3,,Opinion No. C-188 

The 1953 Legislature passed Article 7531(l), dealing 

specifically with the Board of Water Engineers (Water Commission), and positively outlining the duty to publish copies 

of new rules, regulations, or amendments thereof for 30 days 

whether they be procedural rules or substantive rules made in 

performance of its duty under Chapter I, Title 128, V.C.S. 

The 1962 Legislature passed Article 6252-13 to deal with 

the broad general requirements for all authorized rule making 

agencies with a few limited exceptions. However, this statute 

by Section l(b) thereof is limited by definition to cover only 

those rules, regulations, or amendments relating to procedure 

or practice before such agency, or rules, regulations or 

amendments to govern its organization, which for convenience 

will be referred to as 'procedural rules.11 Specifically excluded from this Act are all rules, regulations or amendments 

promulgated by an agency to perform its statutory duty or make 

specific the law enforced or administered by it, which for 

convenience we shall call "substantive rules." The publication or circulation of notice requirement of Section 2(c) 

prior to the adoption of said "procedural rules" is to permit 

interested persons the opportunity to submit their views before the rules become final. 

Before the passage of Article 6252-13, Article 7531(l) 

was the only requirement as to publication of new rules or 

amendments. The sole question remaining is whether the passage of Article 6252-13 repealed or altered this requirement. 

There being no express repeal of Article 7531(l) in Article 

6252-13, the next inquiry must be whether such is implied. 

The established rules of statutory construction which 

immediately appear applicable are: 

(1) Statutes which deal with the same general subject 

even though one statute may deal with the subject in comprehensive terms and another deals with a portion of the same 

subject in a more definite way, must be considered as "in 

pari materia," but in case there exists irreconcilable conflict, then the special will prevail over the general statute. 

Ex parte Townsend, 64 Tex.Crim. 350, 144 S.W. 628 (1911). 

(2) Acts in "pari materia" will be construed together 

as though they were parts of law of the same act and any conflict between their provisions will be harmonized if possible, 

and effect will be given to all the provisions of each act if 

they can be made to stand together and have concurrent efficacy. 39 Tex.Jur. 254. 

-912- 
Honorable Joe Carter, page 4, Opinion No. C-188 

(3) A statute does not abrogate or affect an earlier 

law &i&s clearly so 

the two. 39 Tex.Jur. 

(4) Where there 

is that in enacting a 

old statute to remain 

construction two acts 

stated if there is no conflict between 

139. 

is no express repeal, the presumption 

new law the Legislature intended the 

in operation. If by any reasonable 

or statutory provisions can be reconciled and so construed that both may stand, one will not be 

held to repeal the other. 

S.W. 1036 (1914). 

Cole v. State, 106 Tex. 472, 170 

The scope of Article 6252-13, V.C.S., was clearly limited by the definition of "Rule" in Section l(b) thereof to encompass "procedural rules" only. The further clear evidence 

that this statute was intended as additional to any other requirements in the field is shown by the preface of Section 2 

reading: 

"In addition to the rule-making requirements 

imposed or authorized by law:" 

There is no inconsistency in the two questioned statutes 

if each Is given its full effect and treated as two separate 

requirements on the Water Commission in its rule making capacity. This would require the publication or circulation of 

notice set out in Article 6252-13, Sec. 2(c) rior to the 

adoption of the "procedural rules" as defined'-) of 

that statute. Subsequent to the adoption of all rules, regulations or amendments, whether “substantive” or "procedural" 

as heretofore defined, Article 7531(l) requires publication 

of copies thereof before they can become effective. 

In light of this analysis, we must answer your question 

No. 1 and question No. 2 that the requirements of both 

statutes are mandatory. 

We now turn to your third question in an attempt to define the minimum publication requirements of both statutes. 

Besides the necessity of filing "procedural rules" with 

the Secretary of State after they are adopted, Article 6252-13, 

Sec. 2(c), imposes the general duty before adoption of these 

"procedural rules" or amendment or repeal thereof, to publish 

or otherwise circulate, as far as practical, notice of its 

intended action. This seems broad enough to permit your suggested procedure of publishing a "Notice of revision of its 

-913- 
Honorable Joe Carter, page 5, Opinion No. C-188 

rules" and indicate to the general public that full and complete copies of such revised rules are available on request. 

Article 7531(l) embodies the minimum publication requirements for all new rules, regulations or amendments, whether 

they be "procedural rules" or "substantive rules." 

As to the material required to be published, the language 

of the statute is that: 

1, no amendment of an existing 

rile shall be made effective until 

(30) days after copy of same shall 

lished . . ." @mphasis added.) 

rule or no new 

at least thirty 

have been pubAs to all new rules and regulations or amendments the 

wording seems clearly to require a complete co 

ff 

of the same 

to be published. As to renumbering or recodi cation of already existing rules, it would seem reasonable to publish the 

revised index changes only, as there is no change in the substance of the rules, and they are already in effect without 

complying with Article 7531(l), V.C.S. 

The places where publication must be made are spelled 

out In Article 7531(l) as: 

II 

. . . a newspaper of general circulation in each 

of the three Water Divisions described in Article 

7475 of the Revised Civil Statutes of Texas, 1925." 

Your inquiry No. 3(c) as to nature, type, circulation, 

etc. of the publication which must be utilized is best 

answered by the Legislature's statutory definitions found in 

Article 28a, V.C.S., with the following relevant portions 

quoted: 

"(2) The term 'newspaper' shall mean any newspaper,devoting not less than twenty-five (25) per 

cent of its total column lineage to the carrying of 

items of general interest, published not less frequently than once each week, entered as second-class 

postal matter in the county where published, and 

having been published re ularly and continuously for 

not less than twelve (12 7 months prior to the making 

of any publication mentioned in this Act. 

'I* * * 

-914- 
Honorable Joe Carter, page 6, Opinion No. C-188 

"(5) The term 'shall' whenever used in this Act 

shall be construed as indicating mandatory provlsions In this Act. 

"(6) The officer, employee, agency or persons 

charged with the duty of Inserting any publication 

in a newspaper or newspapers shall select the newspaper or newspapers in which such publication is to 

be inserted. . . .' 

,The term "newspaper of general circulation," although 

not defined by statute, was defined In Robinson v. State, 143 

S.W.2d 629 (Tex.Civ.App. 1940, error dism., judg. car.) 

where the court found at that time and In that instance: 

being a suit attacking a tax judgment where citation was by 

publication, that a daily newspaper which had 26 years' 

~standing in the city of Dallas, and a circulation of about 

1000 among people in different walks of life fulfilled this 

requirement. 

SUMMARY 

Article 6252-13, Sec. 2(c) must be complied 

with before any procedural rule is adopted. In addition, all rules, whether procedural or substantive, must comply with the publication requirements 

of Article 7531(l) before they become effective. 

The minimum publication requirements of Article 

7531(l) are: (1) a copy of the entire rule, regulation or amendment must be published; (2) it must 

be published in each of the three Water Divisions 

described in Article 7475; (3) it must be published 

in a newspaper of general circulation. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

WRR:da 

-915- 
Honorable Joe Carter, page 7, Opinion No. C-188 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Fred D. Ward 

Frank Booth 

Ernest Fortenberry 

Gordon Appleman 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

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