for assignuent from outside the county to disposeof court case loads.
The exception applictlbleto Harris County in section 5f of article 200a, limiting the assigmmnt of judges, is not includedby the lenislature in the Court AdministrationAct. The dominant considerationin construingstatutesis legislativeintent. See City of Sherman v. Public Utilk:y Commission,643 S.W.2d 681, 684(Tex. 1983). The legislatureexpresslyrepealedsection5f of article 200a again withoutenactingthe provisionsof section5f of article200a in the Court AdministrationAct. Additionally,a law not expressly repealedmay be repealedty implication. In our opinion, the Court AdministrationAct repealed inconsistentprovisions incorporatedin the new GovernnentCode. The Texas SupremeCourt has held that where a later enactmentis intended to embrace all the law on the subject with which it deals, it repeals all former laws relating to the saue subject.
Under this rule, a statutethat covers the subject matter of a former law and is evidentlyintended as a substitutefor it, although containingno expresswords to that effect,operatesas a repeal of the former 1~ to the extent that its pro- visionsare revisedand its field freshlycovered. Accordingly,parts of the original Act that are omitted from the new legislationare to be con- sideredas annull.ed.If the later act is clearly intendedto prescribethe only rules which should govern,it repealsthe prior statute,althoughthe two are not repugnantin their provisions.
Motor Inv. Co. v. City of Uamlin, 179 S.W.2d 278, 281 (Tex. 1944). See also McInnis V. State,7103S.W.2d 179, 183 (Tex. 1980);Gordon v. Lake, 356 S.W.2d 138, 139 (Tex. 1962).
Section 1 of chapter:'32,which enacted the Court Administraticm Act, is a declarationof policy by the legislaturethat states,among other things, that "it is the policy of this state that the adminis- trationof justiceshallbe 'prompt and efficient"and
it is the further intmt of the legislaturethat the administratic~n of trial courts in this state be improved in c'rderto provide all citizens of this state a pranpt, efficient,and just hearing and dispositionof all disputesbefore the various courts,and that all districtand statutorycounty
p. 2170 HonorableJohn B. Rolues,Jr. - Page 5 (JM-474) ,
courts adopt administratiouas provided by this Act.
Ve believe that the legislatureintends the Court AdministrationAct to control all the law on the subjectwith which it deals, including the assignmentof judges :lorthe trial of cases and dispositionof pendinglitigationin the i.istrictcourtsof this state.
SUMMARY
The assignment,of judges to the districtcourts as authorizedwithout restrictionsby the Court AdainistrationAct: is applicablein all counties, including Barri; County. The liuitation on assignmentto Harris County in section 74.061 of the GovernmentCcsdewas repealed by the legis- lature.
JIM MAT'rOX AttorneyGeneralof Texas
JACR AIGRTOWBR First AssistantAttorneyMineral
MARY KELLER ExecutiveAssistantAttorncby General
ROBERT GRAY SpecialAssistantAttorneyGeneral
RICK GILPIN Chairman,OpinionCommittees
Preparedby Nancy Sutton AssistantAttorneyGeneral
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