Texas Attorney General Opinion: WW-835 Page: 4 of 5
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Dr. R. G. Garrett, Page 4, (WW-835)
". . . Where, however, frequent adjust-
ment or detailed expert knowledge of the
field is necessary, a legislative delegation
with general policy standards is valid.
"The validity of a particular standard
therefore depends primarily on the field
of activity regulated. Thus, in the field
of public health, safety, and morals gener-
al and indeterminative standards of policy
have usually been sustained and wide dis-
cretion has been left to administration.
It
Also, as set out in Subsection 4, Section 23A, when
certain people "shall" petition the Texas Animal Health
Commission to have a certain area designated as a bru-
cellosis control center the Commission "may" declare a
county or area to be a control center when a valid peti-
tion has been filed by 75% of the citizens owning 51% of
the cattle in a county or area of the State. The use of
the verbs "shall" and "may" make the provision as to the
filing of a petition mandatory and the provision as to
the establishment of control areas only directory and it
follows that the commission is given needed discretionary
powers in determining in which area work should first
begin in carrying out an effective brucellosis control
program regardless of the filing date of a petition.
In 3 Sutherland Statutory Construction, 3rd Edition,
Page 116, Section 5821, it is stated as follows:
"Where both mandatory and directory
verbs are used in the same statute, or in
the same section, paragraph or sentence
of a statute, it is a fair inference that
the legislature realized the difference
in meaning, and intended that the verbs
used should carry with them their ordinary
meanings. Especially is this true where
'shall' and 'may' are used in close juxta-
position in a statutory provision, under
circumstances that would indicate that
different treatment is intended for the
predicates following them-.... "
It is apparent from the foregoing statutes and author-
ities and, therefore, the opinion of this department that
the Texas Animal Health Commission, under its rule-making
powers granted by the legislature, may designate and begin
brucellosis work in counties and areas in any manner it may
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-835, text, May 4, 1960; (https://texashistory.unt.edu/ark:/67531/metapth267447/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.