Untitled Texas Attorney General Opinion ( 1969 )

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GENERAL
OFTEXAS
December 1, 1969
Honorable Joe Resweber Opinion No. M-525
County Attorney
Harris County Courthouse Re: Status of the duties and
Houston, Texas 77002 responsibilities of the Judge
of Juvenile Court No. 2 in
relation to the Juvenile
Dear Mr. Resweber: Hoard, Harris County.
We are in receipt of your letter in which you ask the
following two questions:
"1. Is the Judge of Juvenile Court No.
2 of Harris County a member of,the Juvenile
Board of said County?
"2. What are the rights, duties and
obligations of Juvenile Court No. 2 concern-
ing the Chief Juvenile Officer and what
rights, duties and obligations does the
judge of this court have on matters before
the Juvenile Board?"
Your questions originate through the creation of Juvenile
Court No. 2 of Harris County by Senate Bill No. 295, Acts
61st Legislature, Regular Session, 1969, Chapter 673, page
1981, which is silent regarding membership on the Juvenile
Board of Harris County or participation in the Board's
meetings and decisions.
The Harris County Juvenile Board was created by,virtue
of Article 5139VV, Vernon's Civil Statutes, which reads
in part:
"Section 1. The Juvenile Board of Harris
County is established.
'Set, 2. The juvenile board consists of
the county judge, the judge of the juvenile
court, and the judges of the courts of domestic
relations of Harris County, and a district
judge appointed by majority vote of the
district judges of Harris County.
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Honorable Joe Resweber, Page 2, (M-525 )
"Sec. 3. * * *
"Sec. 4, * * *
"Sec. 5.
" (a) * * *
" (b) ***
"(c) At the request of the judge of the
juvenile court, the juvenile board shall investigate
the operations of the probation department and the
county institutions for the care of neglected, de-
pendent, and delinquent children. . . e
"Sec. 6. The office of Chief Juvenile Probation
Office of Harris County is established.
"Sec. 7. The judge of the juvenile court shall
appoint the chief probation officer. The appoint-
ment is subject to the approval of the juvenile
board. The judge may remove the chief juvenile
probation officer at any time subject to the
approval of the Juvenile Board."
S.B. 295 provides, in part, as follows:
"Section 1. The juvenile Courts No. 2 and
No. 3 of Harris County are established. e . .
"Sec. 2. ***
"Sec. 3. The offices of judge of the Juvenile
Court of Harris County No. 2 and the judge of
the Juvenile Court of Harris County No. 3 are
established.
"Sec. 4. * * *
"Sec. 5. * * *
"Sec. 6. The governor, with the advice and
consent of the Senate, shall appoint the first
judges of the Juvenile Courts No. 2 and No. 3.
The appointee to the Juvenile Court No. 2 shall
take office on September 1, 1969, and the
appointee to the Juvenile Court No. 3 shall
take office on January 1, 1971, Then appointees
serve until the next general election and
until a successor is duly elected and
qualified, * * *It
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Honorable Joe Resweber, Page 3, (M-525 )
From a reading of Article 5139W, Senate Bill No.
295, and the history of these articles, it appears that
they are in para materia and may be considered as one
general subject although passed at different times in
different sessions of the-legislature, 53 Tex. Jur. 2d
280, Statutes, Sec. 186; Attorney General's Opinion No.
M-287 (1968); Duval Corp. v. Sadler, 407 S.W.Zd 493
(Tex. Sup, 196ii). The Legislative history of the juvenile
court system in Harris County indicates that at the time
of passage of Article 5139W, which created the juvenile
board of Harris County, only one juvenile court existed.
At all times subsequent to its enactment, an act
should be given the same meaning that it had at the time
of passage; Townsend v. Terrell; 118 Tex. 463, 16 S.W.2d
1063 (1929). Chanced conditions. however. mav allow the
courts to interpret that statute-to give effect to the in-
tent of the Legislature as applied to the change. Wheeler v.
Wheeler, 76 Tex. 489, 13 S.W. 305 (1890). It is also the
duty of a court in construing a statute to make it work-
able and to harmonize the language used. Bailey v. State,
284 S.W. 574 (Tex. Grim, 1926). And further, Section 4
of Article 10, R.C,S. states the following statutory rule
of construction:
"4. The singular and plural number shall each
include the other, unless otherwise expressly
provided."
Article 10 (former Art. 5502, R.C.S. 1911) requires
that a word in the sinaular also includes the ulural of
that word, e.g., "railroad" encompasses "railroads.'
International-Great Northern R. Co. v. Railroad Commission
of Texas, 281 S.W. 1084 (Tex. Civ. App. 1926, error ref.);
cert. den., 275 U.S. 503, 48 S. Ct. 155, 72 L. Ed. 395.
It is our opinion that the word "judge" wherever
used in Article 5139W encompasses the plural word,
"judges," when used in reference to the judge of the
juvenile court of Harris County. It is evident that
the intent of the Legislature in providing for member-
ship on the Juvenile Board of Harris County was to
include all judges of courts primarily responsibile
or concerned with children and domestic relations.
The rights, duties and obligations of the judges of
all juvenile courts in Harris County sitting upon the
Juvenile Board would be coextensive and equal, when
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Honorable Joe Resweber, Page 4, (~-525 )
tried under the right Legislative "intendment," Headless v.
Fryer, 208 S.W. 213 (Tex. Civ. App. 1919, writ dismissed).
Consequently, the juvenile board of Harris County
is composed of the judges of the juvenile courts. The
appointment and removal of the chief juvenile probation
officer is made by the judges of the juvenile courts,
subject to the approval of the board: at the request of
the judges of the juvenile courts the board shall make
investigations.
SUMMARY
The judge of Juvenile Court NO, 2 is a
member of the juvenile board of Harris County,
Texas, and the rights, duties, and obligations
of the judges of Juvenile Court No. 2 are co-
extensive and equal to that of the judge of
Juvenile Court No. 1 of HarriACounty, Texas.
C. MARTIN
ey General of Texas
Prepared by Bennie W. Bock, II
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
Sarah E. Phillips
Louis Neumann
R. D. Green
Bill Corbusier
MEADE F. GRIFFIN
Staff Legal Assistant
NOIA WHITE
First Assistant
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