### THEATTORNEY GENERAL OF TEXAS
Ausnlv~~.TExas December 2, 1963

Honorable Joe Carter OpinionNo. C-188 Chairman Texas Water Commission Re: Various questions regardin the P. 0. BOX 

### 2311 interpretationof Article 7531 l), Austin 11, Texas V.C.S., in light of subsequentenactment 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 citedmatter, set out specifically in your letter as follows:

"1

. Do the publication requirementsof 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 subsequentenactment of Article 

### 6252-13~ "2

. If the above question is answered in the negative,would Section 2(c) of Article 

### 6252-13be 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 questionNo. 2 is answered in the negative, in light of the two statutes, what would be the minimum publication requirementsfor such a revision of Commission rules, regulations,etc., particularlyas 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."

-910-Honorable Joe Carter, page 2, OpinionNo. C-188

Article 7531,Vernon's Civil Statutes, as amendedby Acts 1953, 53rd Legislature, ch. 

### 356,p. 

### 872, f41, provides: (1 After the ,&ommissiog rules and regulations shail'havebeen adopted and printed, no amendment of an existing rule or no new rule shallbe 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.regulationspromulgated or adopted by any agency governing or relating to rules of procedure or practice before such agency or to govern its organizationor procedure, incluiing the amendment, change, or repeal thereof, whether with or without orior hearing: Drovided that such definition shallnot includebr be applicable to rules, regulations,orders, rates, standards, or classificationsadopted, promulgated, or prescribedby any agency to properlyperform its statutoryduties or to implement ormake specific the law enforced or administeredby any such agency, or to rules, regulations, or orders concerningthe internalmanagement of the agency and not directly affecting the rights of or procedure available to the public. (Emphasisadded.) "Sec. 2. In addition to the rule-making requirements imposed or authorizedby law: 'I* * * "(c) Prior to the adoption of any rule as defined in Section l(b) hereof or the amendment or repeal thereof, the:adoptingagency shall, so far as-practical, publish or otherwise circulate notice of its intended action and afford interestedpersons opportunity to submitdata or views orally or in writing." (Emphasisadded.)

-911-Honorable Joe Carter, page 3,,OpinionNo. 

### C-188

The 

### 1953Legislaturepassed Article 

### 7531(l),dealing specificallywith the Board of Water Engineers (WaterCommission), and positively outlining the duty to publish copies of new rules, regulations, or amendments thereof for 

### 30 days whether they be procedural rules or substantiverulesmade in performance of its duty under Chapter I, Title 

### 128,V.C.S. The 1962 LegislaturepassedArticle 6252-13 to deal with the broad general requirements for all authorized rulemaking agencies with a few limited exceptions. However, this statute by Section l(b) thereof is limitedby 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 'proceduralrules.11 Specifically excluded from thisAct are all rules, regulations or amendments promulgatedby an agency to perform its statutoryduty or make specific the law enforced or administeredby it, which for conveniencewe shall call "substantiverules." The publication or circulation of notice requirement of Section 2(c) prior to the adoption of said "proceduralrules" 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 requirementas 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 inquirymust be whether such is implied. The established rules of statutory constructionwhich immediatelyappear applicable are: (1) Statutes which deal with the same general subject even though one statutemay deal with the subject in comprehensive terms and another deals with a portion of the same subject in a more definiteway, must be consideredas "in pari materia," but in case there exists irreconcilable conflict, then the specialwill prevail over the general statute. Ex parte Townsend, 64Tex.Crim. 350, 144 S.W. 628 (1911). (2) Acts in "parimateria" will be construed together as though they were parts of law of the same act and any conflict between their provisionswill be harmonized if possible, and effect will be given to all the provisions of each act if they can be made to stand togetherand have concurrentefficacy. 39 Tex.Jur. 254.

-912-Honorable Joe Carter, page 4, OpinionNo. 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 constructiontwo acts stated if there is no conflictbetween 139. is no express repeal, the presumption new law the Legislature intended the in operation. If by any reasonable or statutoryprovisions 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 "proceduralrules" only. The further clear evidence that this statute was intendedas additional to any other requirements in the field is shownby 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 requirementson the Water Commission in its rulemaking capacity. This would require the publication or circulation of notice set out inArticle 6252-13, Sec. 2(c) rior to the adoption of the "proceduralrules" as defined'-) of that statute. Subsequent to the adoption of all rules, regulations or amendments, whether “substantive” or "procedural" as heretoforedefined, Article 7531(l) requirespublication of copies thereof before they can become effective.
In light of this analysis,we must answer your question No. 1 and questionNo. 2 that the requirementsof both statutes are mandatory.
We now turn to your third question in an attempt to define the minimum publication requirementsof both statutes. Besides the necessity of filing "proceduralrules"with the Secretary of State after they are adopted,Article 6252-13, Sec. 2(c), imposes the general duty before adoption of these "proceduralrules" or amendment or repeal thereof, to publish or otherwise circulate, as far as practical,notice of its intended action. This seemsbroad enough to permit your suggested procedure of publishing a "Notice of revision of its

-913-Honorable Joe Carter, page 5, OpinionNo. C-188

rules"and indicate to the generalpublic that full and complete copies of such revised rules are available on request. Article 7531(l) embodies theminimum publication requirements for all new rules, regulations or amendments,whether they be "proceduralrules" or "substantiverules."
As to thematerial required to be published, the language of the statute is that: 1, no amendment of an existing rile shallbe 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 complyingwith Article 7531(l), V.C.S. The places where publicationmust be made are spelled out In Article 7531(l) as: II

. . .a newspaper of general circulation in each of the threeWater Divisions described in Article 7475 of the Revised Civil Statutes of Texas, 1925."
Your inquiryNo. 3(c) as to nature, type, circulation, etc. of the publicationwhich must be utilized is best answered by the Legislature's statutorydefinitions found in Article 28a, V.C.S., with the following relevantportions quoted: "(2)The term 'newspaper'shallmean any newspaper,devotingnot 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 postalmatter in the countywhere published, and having been published re ularly and continuously for not less than twelve (12 7 months prior to themaking of any publicationmentioned in this Act. 'I* * *

-914-Honorable Joe Carter, page 6, OpinionNo. 

### C-188

"(5)The term 'shall'whenever used in this Act shallbe construed as indicatingmandatory provlsions In this Act. "(6) The officer, employee, agency or persons chargedwith the duty of Insertingany publication in a newspaper or newspapers shall select the newspaper or newspapers in which suchpublication is to be inserted.

. . .' ,Theterm "newspaperof 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 judgmentwhere citationwas by publication, that a daily newspaper which had 

### 26years' ~standingin the city of Dallas, and a circulation of about 1000 among people in differentwalks 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 requirementsof Article 

### 7531(l)are: (1) a copy of the entire rule, regulation or amendmentmust be published; (2) it must be published in each of the threeWater Divisions described in Article 

### 7475; (3)itmust 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 GordonAppleman
APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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