Texas Attorney General Opinion: V-1283 Page: 2 of 5
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. James W. Miller, page 2
highway in this State, or upon any street or
alley within the limits of an incorporated
city, town or village, in a reckless manner,
at an excessive rate of speed, or while under
the influence of intoxicating liquors, as here-
inafter defined in this Act, shall be guilty
of a misdemeanor and upon conviction shall be
punished by a fine of not less than One Dollar
($1) nor more than Fifty Dollars ($50).
"Sec. 3. Provided that for good cause
shown, and when it shall appear to the satis-
faction of the court that the ends of justice
and the best. interest of the public as well
as the defendant will be subserved thereby,
the courts of the State of Texas having orig-
inal jurisdiction of such criminal actions
shall have the power after conviction or plea
of guilty to suspend the imposition of such
fine and may place the defendant on probation
for a period of ninety (90) days.
"Any such minor placed on probation shall
.be under the supervision of such court.
"Sec. 4. Nothing contained in this Act
shall be construed to repeal or affect any
other Statutes regulating the powers and du-
ties of Juvenile Courts; the provisions of
this Act shall be comulative with all other
Acts on this subject."
The provisions of House Bill 581 are clear and specific
and, but for Section 4 thereof, any conflicts between it and a
prior statute would result in an implied repeal of the earlier
statute to the extent of the conflict. Popham v. Patterson, 121
Tex. 615, 51 S.W. 2d 680 (1932); Att'y Gen. Ops. V-1041 (1950)
and V-990 (1950). It is also clear that, unless prevented by the
effect of Section 4, those courts normally having jurisdiction of
misdemeanor offenses punishable by fine only of $50.00 or less
would have jurisdiction of cases involving violation of its pro-
visions.
It is our opinion that to construe House Bill 581 as
providing for the prosecution of the offenses listed therein in
the same manner as any other misdemeanor cases involving a fine
only of $50.00 or less would not repeal or affect any other statutes
regulating the powers and duties of juvenile courts within the
meaning of Section 4.V-1283
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1283, text, September 12, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266101/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.