Texas Attorney General Opinion: MW-424 Page: 3 of 4
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Honorable Neal Pfeiffer - Page 3 (MW-424)
The governor signed Senate Bill No. 1139 on June 16, 1977. Its
effective date was set at September 1, 1977.
Two acts on the same subject passed by the same session of the
legislature must be reconciled and construed as one act. Wright v.
Broeter, 196 S.W.2d 82, 85 (Tex. 1946). If one act expressly repeals
the other or there is an irreconcilable repugnancy between them, the
provision approved last will prevail. Id. at 85.
The Texas Supreme Court has stated that:
...nothing short of expressions so plain and
positive as to force upon the mind an irresistible
conviction, or absolute necessity, will justify a
court in presuming, that it was the intention of
the legislature that their acts passed at the same
session, should abrogate and annul one another.
Cain v. State, 20 Tex. 355, 361 (1857).
Accordingly, Senate Bill No. 764 and Senate Bill No. 1139 must be
read together and reconciled, if possible. The acts are not
irresistibly repugnant.
The definition of "solid waste" in Senate Bill No. 764 states:
(5) 'solid waste' means all putrescible and
nonputrescible discarded or unwanted solid
materials, including garbage, refuse, sludge from
a waste treatment plant or air pollution control
facility, and other discarded material, including
solid, liquid, semisolid or contained gaseous
material resulting from industrial commercial,
mining and agricultural operations and from
community activities...
This definition is broad enough to include the items in the definition
of municipal solid waste. Consequently, street cleanings are within
the ambit of "solid waste." (Obviously, there is no clear legislative
intent to exclude "municipal solid waste" from the term "solid
waste"). It follows that a "solid waste disposal service" as used in
article 4477-8, section 13, V.T.C.S., may include the service of
street cleaning under these definitions.
You also ask if fees can be charged to all the residents of the
city if street cleaning services are provided for only a certain
section of the town, specifically the downtown area which presumably
is in greatest need of street cleaning.p. 1446
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-424, text, January 14, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272269/m1/3/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.