Case Information
*1 .
THE ATTORNEY GENEECAL October 18, 1972
Hon. John A. Traeger, Chairman Opinion No. M- 1238 House Interim Committee on Creation
and Operation of Water Districts Re: Does the Texas Elec- P. 0. Box 100, Capitol Station tion Code apply to Austin, Texas 70767 water district elec-
tions?
Dear Representative Traeger:
Your recent letter requesting the opinion of this office poses the following question:
"Does the Texas Election Code apply to water district elections?"
Article 1.01, Texas Election Code, in expressing its scope and applicability, provides as follows:
"The aim in adopting this Code is to state in plain language the laws governing the nomina- tion and election of officers and of holdins other elections, to simplify, clarify and harmonize the existing laws in regard to parties, suffrage, nominations, and elections, and to safeguard the purity of the ballot box against error, fraud, mistake and corruption, to the end that the will of the people shall prevail and that true demo- cracy shall not perish from the Lone Star State. To that end the provisions of this Code shall apply to all elections and primaries held in this State, except as otherwise provided herein." (emphasis added.)
Section 50.002, Texas Water Code (Acts 62nd Leg., R.S., 1971, ch. 58, pp. 110 et seq.), dealing with election procedures in the various types of general law water districts, *2 Hon. John A. Traeger, page 2, (M-1238)
reads:
"The qualifications of voters in district elections are as specified in the state and fed- eral constitutions and the procedures for con- ducting elections and for voting are as specified in the Texas Election Code except as otherwise provided in this title."
Other portions of the Texas Water Code provide specific elec- tion procedures for various types of water districts.
The law is well settled that the provisions of the general law, i.e., the Texas Election Code, apply to water districts when not inconsistent with the specific acts of their creation (=.cJ., Art. 8280-101, et seq., V.C.S.) or other con- trolling special laws. When specific provisions of the general law, if given effect, would nullify or modify specific provi- sions of a special act concerning particularized rights and duties of districts, the latter provisions must prevail over those of the general law. Hidalqo County Water Co. & Imp. Dist. No. 1 v. Hidalgo Co., 134 S.W.2d 464, 467 (Tex.Civ.App. 1939, error ref.); Schrock v. Hvlton, 133 S.W.2d 175, 177 (Tex. Civ.App. 1939, no writ): and Shaw v. Taylor, 146 S.W.2d 452, 454 (Tex.Civ.App. 1940, no writ).
In view of the foregoing, you are advised that the provisions of the Texas Election Code are applicable to water districts, provided said Code is not inconsistent with either the election procedures set forth regarding such districts in either the Texas Water Code or special statutes creating or relating to such districts. To the extent of any inconsistency between the Election Code and the Water Code, or a special statute relating to a water district, the latter will prevail over the former. SUMMARY
------- The provisions of the Texas Election Code are applicable to water districts, provided that such provisions are not inconsistent with the election *3 Hon. John A. Traeger, page 3, (M-1238)
procedures set forth in either the Texas Water Code or the special statutes controlling the districts. If there is an inconsistency between the Texas Election Code and the Texas Water Code, or a special statute relating to a water district, the latter will prevail over the former to such extent.
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Roger Tyler
Jack Sparks
Linward Shivers
Bob Lattimore
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant