Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GENALD C. MANN ATTORNEY GENERAL
Fobruary 20, 1989
Mon. 0. J. Wilde County Auditor Corpus Christi, Texas
Dear Sir:
Opinion No. 0-282 Re: County Judge stenographer salary authorized. Conflict of statutes.
Your letter of February and has been resolved and given our consideration. You wish our opinion whether the county judge, who has her to for a etnographer on the basis of 125,00. You refer to See. 13 of 291.391.391.391.391.391.391. as king whether this provision nullifies the appointment of an assistant as mentioned in Article 3902, R. C. S., as amended.
Article 3902 is the statute authorizing the appointment of deputies, assistants, clerks, etc., by county officers generally.
The pertinent part of See. 13 of Article 39128, supra, reads as follows:
"The Commissioners' Court may authorize the employment of a stenographer by the county judge and pay for such services out of the general fund of the county to an amount not to exceed Twelve Hundred ($1200.00) Dollars per year."
Your attention is respectfully directed to the language of Texas Jurisprudence, Vol. 39, p. 212, see. 114:
"In case of conflict between a general provision and a special provision dealing with the same subject, the former is controlled or
*2 Hem. C. J. Wlde, February 20, 1939, Page 2
Limited by the latter; and this is so whether the provisions in question are contained in the same act or in different omatments. In other words, when a statute makes a general provision apparently for all cases and a special provision for a particular case or class, the former yields and the latter prevails in so far as the particular case or class is concerned. In such circumstances, the special provision or statute is regarded as though it were an exception or proviso, removing something from the operation of the general law."
Many cases are oited by the text in support of the statements made.
You are, therefore, advised it is our opinion the provisions of Article 3912a would control, and the county would be preojuded from payins the county judge's stenographer in excess of twelve Hundred ($1200.00) Dollars per year.
Very truly yours,
BY
APPROVED:
JITORNEY GENERAL OF TRIAS
BY
Benjamin Goodall
Assistant
APPROVED:
Jercedh. Paneu
ATTORNEY GENERAL OF TRIAS