Untitled Texas Attorney General Opinion ( 1971 )

Honorable James U. Cross Opinion No. M-879
Executive Director
Texas Parks and Wildlife Re: Construction of Article
Department 895c and 978j-1, 513(o),
John H. Reagan Building Vernon's Penal Code, con-
Austin, Texas 78701 cerning nonresident hunters
licenses as a requirement
for hunting deer or jave-
Dear Mr. Cross: lina, and related questions.
This is in response to your recent request for our
opinion concerning a possible conflict between certain pro-
visions of Articles 895c, and 9785-1, Section 13(o)*, Texas
Penal,Code, and related problems.
In its~pertinent parts Article 895c provides:
"Section 1. No citizen of this State shall hunt
any wild bird or wild animal outside the county
of his residence without first having pro-
cured from the Game and Fish Commission,
or one of its authorized agents, a license
to hunt, for which he shall pay the sum of
Three Dollars and fifteen cents ($3.15);
fifteen cents (15+) of which amount shall
be retained by the issuing officer as his
fee for collecting.
"Section 2. No nonresident citizen of this State
or alien shall hunt any wild bird or wild
animal in this State without first having
procured from the Game and Fish Commission,
or one of its authorized agents, a nonresident
* * *
*Section 13(o) was added by Acts 1971, 62nd Legislature,
Regular Session, H. B. 676, Sec. 2.
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Honorable James U. Cross, Page 2 (M-879)
hunting license. The fee for a nonresident
citizen or alien hunting license shall be
Twenty-five Dollars ($25); . . .
"Section 5. It shall be unlawful for any person to
procure or possess more than one hunting license
during a license year. . . ."
In its pertinent parts Article 9783-1, Section 13(o) provides:
"(0) [In the designated area in Sabine and
San Augustine counties] the commission shall:
"(1) provide a special archery season for
the taking of deer of either sex from October
1 to and including October 31 of each year;
u (2) it shall be lawful to take, hunt or
kill javelina at any time using bow and arrow
of legal specifications; provided, however,
that it shall be unlawful to use crossbow at
any time, and, further be it provided that it
shall be lawful to use firearms for the taking
of javelina during and concurrent with the
deer season as set by the Commission;
I8(3) require a special hunting license for
nonresidents for the taking of deer and javelina
by bow and arrow during the special archery
season and provide that the license fee is Five
Dollars ($5) and that the license is valid for
five days only; and
"(4) it shall be lawful to take, hunt or
kill deer of either sex during the lawful open
season as set by the Commission."
To give effect to both acts of the Legislature the two
sections must be construed together in a manner which most
nearly carries out the intent of the Legislature and avoids
conflicts where possible. As stated in Texas Liquor Control
Board v. Falstaff Distributing Co., 369 S.W.2d 483 (Tex.Civ.App.
1963, no writ):
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Honorable James U. Cross, Page 3 (M-879)
"It is a cardinal rule for the construction
of a statute that all of its provisions should
be construed together, and effect given to all
if possible. Lufkin v. City of Galveston, 63
Tex. 437; Spence v. Fenchler, 107 Tex. 443, 180
S.W. 597; Martin v. Sheppard, 129 Tex. 110, 102
S.W.Zd 1036. The court should determine the pur-
pose of the legislature and give some effect to
every express declaration of legislative intent.
Citizens National Bank of Hillsboro v. Graham,
117 Tex. 357, 4 S.W.2d 541; Texas Bank & Trust
Co. v. Austin, 115 Tex. 201, 280 S.W. 161. . . ."
(at p. 486).
Article 895c requires a general hunting license through-
out the state and throughout the year for the following ob-
vious purposes:
1. To control hunting in Texas.
2. To restrict the number of hunters
by charging a fee.
3. To raise revenue to support such a
program.
Art. 9783-1, Section 13(o) establishes a special hunting area
with restricted privileges for all and a special hunting license
for nonresidents for a limited period only, for the following
obvious purposes:
1. To control hunting in the particular area.
2. To raise revenue to support such
a program.
Since no provision is made in Article 9783-1, Section 13(o)
exempting hunters from the provisions of Article 895c, our opin-
ion is that all persons (resident or nonresident) must first
comply with Article 895c by obtaining a hunting license before
hunting in the described area in Sabine and San Augustine coun-
ties at any ,time and in any manner; and the bag limit on game
in such area is subject to the restrictions placed upon such
license.
In addition, a nonresident bow hunter must obtain the
special hunting license described in Article 978j-1, Section
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Honorable James U. Cross, Page 4 (M-879)
13(o) (3). Since the Legislature would have the power to pre-
vent such nonresident hunters from hunting upon the described
land it would necessarily have the lesser included power to
restrict such hunting.
Since we perceive no conflict between the hunting
license of Article 895c and the special hunting license of
Article 9783-1, Section 13(o)(3) we also find no reason to
hold the special hunting license is subject to the provisions
of Section 5 of Article 895c aqainst obtaining more than one
hunting license. We therefore-advise you that (subject to
the restrictions on his hunting license) a nonresident may
obtain more than one five day special hunting license.
Since Article 9783-1, Section 13(o) contains no pro-
vision limiting a nonresident hunter to the time and place set
forth in the act for the special archery season, you are there-
fore advised that a nonresident hunter is entitled to the full
use of his hunting license even though he has obtained and
exhausted one or more special hunting licenses; this is sub-
ject to including any game killed pursuant to the 6 ecial
hunting license in the bag limits, etc., available + to
under his hunting license.
You are further advised that Article 978j-1, Section
13(o) makes no provision for tags to be issued with the
special hunting license so that the nonresident hunter need
only attach tags from his hunting license to game taken pur-
suant to the special hunting license.
SUMMARY
To hunt in the special area set up for archery
hunting in portions of Sabine and San Augustine
counties, a nonresident hunter must qualify for a
regular nonresident hunting license as provided in
Article 895c, Vernon's Penal Code (and to which pri-
vileges he is entitled in their entirety). He must
also qualify for a special hunting license as pro-
vided in Article 978j-1, Section 13(o) (3) Vernon's
Penal Code, under which he may obtain as many li-
censes each season as there are five day periods
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Honorable James U. Cross, Page 5 (M-879)
in the season. hunting license need
not have tags attached.
very tru>y,
c. MARTIN
Attorn General of Texas
Prepared by Howard M. Fender
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Max Flusche
Mel Corley
Bob Lattimore
Vince Taylor
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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