T 

April 30, 1952 

Hon. William H. Davis Opinion No, V-1451 

County Attorney 

Williamson County Re: Authority of the comGeorgetown, Texas missioners' court to 

furnish at county expense necessary books 

and stationery for 

justices of the peace 

compensated on a fee 

Dear Sir: basis. 

You have requested an opinion on the following question: 

Does the Commissioners' Court have 

authority to furnish the justices of the 

peace such books and stationery as are 

necessary in the performance of their duties at the expense of the county, or 

must they be paid out of the fees of office of the j,ustices of the peace? 

You state in your request that the justices 

of the peace of Williamson County are compensated on 

a fee basis. 

Subdivision (a) of Article 3899, V.C.S., 

provides in part: 

"At the close of each month of his 

tenure of office, each officer named herein who is compensated on a fee basis shall 

make. as a Dart of the reoort now reaulred 

by law, an itemized and sworn statement 

of all the actual and necessary expenses incurred by him in the conduct of his office 

such as stationery, stamps, telephone, premlums on officialsl bonds including the cost 

of surety bonds for his deputies, premium on 

fire, burglary, theft, robbery insurance 

protecting p,ublic funds, traveling expenses, 

and other necessary expenses; D D D The 

amount of such expenses, together wiTthe 
Hon. William H. Davis, page 2 (v-1451) 

amo,unt of salaries paid to assistants, deputies and clerks, shall be paid o,ut of the 

fees earned by such officer." (Emphasis 

added.) 

Article 3899b, V.C.S., provides in part: 

f, o o . such books and stationery as 

are necessary in the performance of their 

duties shall also be f,urnished Justices of 

the Peace by said Commissioners Co,urt. Provided all purchases herein must be approved 

by the Commissioners Court, and must be made 

under the provisions of Article 1659, Revised 

Civil Statutes of Texas, 1925." 

In 2 Sutherland, Statutory Construction 

(3rd Ed. 1943) 541, we find the following: 

"General and special acts may be in 

pari materia. If so, they should be construed together. Where one statute deals 

with a subject in general terms, and another 

deals with a part of the same subject in 

a more detailed way, the two should be harmonized if possible but if there is any 

conflict, the latter will prevail, regardless of whether it was passed prior to the 

general statute, unless it appears that 

the legislature intended to make the general 

act controlling." 

Also, in Townsend v. Terrell, 118 Tex. 463, 

16 S.W.2d 1063; 1064 (1929), the court said: 

1, 

* . It is only where acts are so 

inconsistent as to be irreconcilable that 

a repeal by implication will be indulged. 

If there exists such conflict, then there 

is a presumption of the intention to repeal all laws and parts of laws in conflict 

with the clear intention of the last act. 

This is necessarily true where both acts 

cannot stand as valid enactments. 

"This rule of construction has found 

frequent and apt ill,ustration where one of 

the supposedly conflicting statutes was 

general in its terms and the other specific. 
Hon. William H. Davis, page 3 (V-1451) 

In such a case it is universally held that 

the specific statute more clearly evidences 

the intention of the Legislature than the 

general one, and therefore that it will cdntrol. In such a case both statutes are permitted to stand - the general one applicable to all cases except the particular one 

embraced in the specific statute. O D *' 

See also Sam Bassett Lbr. Co. v. City of 

Houston, 145 Tex. 492, 198 

v. Laughlin, 147 Tex. 

S.W.2d 879 (1947); Canales 

169, 214 S.W.2d 451 (19483 

State v. Mauritz-Wells 

238 (1943) 0 

Co., 141 Tex. 634, 175 S.W.2d 

Subdivision (a) of Article 3899 requires 

county and precinct officers on a fee basis to make 

a monthly itemization of expense incurred by the officer before the enumerated expenses contained therein will be allowed. Pierson, Justice of the Peace v. 

Galveston County 131 S.W.2d 27 (Tex, Civ. App. 1939). 

This article furiher provides that 'such expenses 

shall be paid out of the fees earned by such officer{," 

while Article 3899b authorizes 'books and stationery 

to be furnished justices of the peace by the commissioners' court at county expense. 

Inasmuch as the relevant portion of Article 

3899b is specific in nature applying to certain supplies of the justices of the peace and more clearly 

evidences the intention of the Legislature than the 

general provisions found in subdivision (a) of Article 3899 applying to all expenses of co,unty and precinct officers, and since Article 3899b is the latest 

expression of the Legislature on the subject (reenacted in 1945 was compared with Article 3899, last 

enacted in 194lj, it is our opinion that the specific 

provision of Article 3899b will prevail. 

Therefore, we agree with your conclusion 

that the commissioners' court of Williamson County 

is authorized to furnish books and stationery to 

justices of the peace at co,unty expense as provided 

by Article 3899b. 
Hon. William H. Davis, page 4 (v-1451) 

SUMMARY 

Justices of the peace compensated on 

a fee basis may be furnished books and stationery at county expense. Article 3899b, 

V.C.S. 

Yours very truly, 

APPROVED: PRICE DANIEL 

Attorney General 

J. C. Davis, Jr. 

County Affairs Division 

Mary K. Wall 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

B*ev* 

Assistant 

JR:lTlh 

.