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The Honorable John C. White - page 2 (H-764)
It is well established that in the case of conflict
between statutory provisions the later enacted and more
specific provisions must control. 53 Tex.Jur. 2d, Statutes,
SS 100, 101, 143, 161, 187, and authorities cited therein.
Since section 4(b)(5) is both the later enacted and more
specific provision, it must control. Accordingly, it is our
opinion that persons who sell citrus fruit door to door or
from a temporary location are not "retailer[s]" within the
exemption contained in section 22. See Paul v. Eggman, 53
Cal. Rptr. 237 (Cal. Ct. App. 1966); Forest v. Morgan, 7
N.Y.S. 2d 988 (Sup. Ct. N.Y. 1938).
SUMMARY
Section 4(b)(5) of article 118b prevails
over section 22 of the same article.
Thus, persons who sell citrus fruit door
to door or from temporary locations are
not within the exemption granted to
"retailer[s]" in section 22.
Very truly yours,
JOHN L. HILL
Attorney General of Texas
APPROVED:
DAVID . KENDALL, First Assistant
C. ROBERT H TH, Chairman
Opinion Committee
jwb
p. 3229