Untitled Texas Attorney General Opinion ( 1969 )

Hon. F. T. Graham Opinion No. M-S24
Criminal District Attorney
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, Sec-
tion 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 sub-
division that wishes to contract with an in-
dependent 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 sub-
divisions of.the State. In answer to your. first question,
you are advised that it is well settled that special legis-
lation is not repealed by a later general act unless specifi-
cally 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 in-
tention 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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