Attorney General Opinion WW-0216

THEATITORNEY GENERAL OFTEXAS Honorable Guilford L. Jones Opinion No. W-216. District Attorney Howard County Re: Questions on Senate Bill Big Spring, Texas No. 154, concerning adult probation officers. Dear Mr. Jones: You have requested our opinion as to two uestions concerning the adult probation and parole law of 19 z t 7, bein Senate Bill 154, Acts 55th Legislature, 1957, ch. 226, p. 4 6, which questions we rephrase-as follows: 1. Does Senate Bill 154 amending Article 781b, Code of Criminal Procedure, repeal that portion of Article 326K-27, Vernon's Civil Statutes, which provides as follows:- "Sec. 2. The investigator shall also serve as adult probation officer in Howard County un- der the direction of the District Judge of the 118th Judicial District. . . .e Section 1 of Article 326Ki27 authorized the appoint- ment of an invest1 8 ator for Howard County by the District Attorney of the ll'th Judicial District. 2. Is the investigator for the District Attor- ney above referred to, who has served in such capacity and who has likewise served as adult pro- bation officer since January 1, 19.5'5, disqualified from appointment asprobation officer by Section 31 of Senate Bill No. 15&T The Adult Probation and ParoleLaw oflq57, Section 35, Acts 55th Legislature, 195'7, ch. 226, p. 466, provides for the repeal of all laws or parts of laws In conflict therewith, and lists certain statutes and groups of statutes which are expressly repealed, among which are included: It . . . all statutes authorizing appointment of adult probation and parole officers where a probation and parole officer had not been assigned in accordance with the provisions of Chapter 45'2, Honorable Guilford L. Jones, p g a e 2 (WW-216) Acts of the 50th Legislature. fidult Probation and Parole Law of 194gn (Explanation added.) Article 326K-27, Vernon's Civil Statutes, authorizes the appointment of the investigator for Howard County as adult probation officer--irrespective of the 1947 Law. We think Section 2 of Article 326K-27 is included within the above quot- ed portion of the "Repealing Clause" of the 1927 Act, and is repealed by the latter Act. The general purpose of the Adult Probation and Parole Law of 1957 is to "remove from existing statutes the limita- tions, and questions of constitutionality, that have acted as barriers to effective systems of probations and paroles". We think the Legislature intended that this Act supersede all other provisions for probation and parole officers, and that Section 2 of Article 326K-27 is inconsistent with the 1957 Act. In particular, Section 2 of Article 326K-27 authorizes an investi- gator for the District Attorney of Howard County to serve as probation officer. The 1957 Act prohibits Investigators for District Attorneys from serving at the same time either as a probation officer or as a parole officer. Bill 154, Acts 55th Legislature, Section 31, Senate 1957, ch. 226, p. 466; Attor- ney General's Opinion WW-203. It is therefore our opinion that Section 2 of Arti- cle 326K-27 is inconsistent with the provisions of the Adult Probation and Parole Law of 1957, and is repealed by the gen- eral repealing clause of the latter Act, in addition to being repealed by the specifio clause quoted above. As we have stated above ) your second question will be answered in the negative. The investigator for the Dis- trict Attorney of Howard County is disqualified from serving as a probation officer while holding such position of investi- gator, Attorney General's Opinions WW-203 and ~~-183. HOW- ever, this disqualification extends only during the time the person is holding the position of investigator. If the person resigns such position, and can otherwise qualify under Section 10 of the 1957 Act, he may be appointed probation officer. SUMMARY Section 2 of Article 326K-27, Vernon's Civil Statutes, is repealed by the Adult Probation and Parole Law of 195'7, Acts 55th Legislature, 1957, chapter 226, page 466. An investigator for a Honorable Guilford L. Jones, page 3 (WW-216) District Attorney may not at the same time serve as a probation officer. Attorney General'3 Opin- ion w-203. Very truly yours, WILL WILSON Attorney General of Texas JHM:jl:wb APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman W. V. Geppert Wallace Finfrock B. H. Timmins, Jr. REVIEWEI) FOR THE ATTORNEY GENERAL BY: Geo o P. Blackburn