Untitled Texas Attorney General Opinion ( 1947 )

R-615 OFB'ICE OF THE ATTORBEY GENERAL AUSTIN.TEXAS PRICE DANIEL ATTORNEYGENERAL August 25, 1947 Hon. W. E. White, Director Opinion No. V-355 Texas Forest Service Box 460 Re: Effective date of H.B; 459, Lufkin, Texas 50th Leg., and conrtruqtioa with respect to repeal of Attention: Hon. J, 0. Burnside existing statutes. Division of Forest Protection Dear Sir: Your request for an opinion upon the above subject mat- ter is as follows: “This Service is directly interested in House Bill No. 459 which, according to information we have received, was signed by the Governor on June 18. We would appreciate very much your kindness in giving us certain information as outlined below. “1. When does this law become effective? ‘2. Is the attached typed copy of the bill a cor- rect c,opy of the law? “3. What articles of those listed in the attached Texas Forest Service circular No. 16 are superseded and made null and void by House Bill No. 4593 ” House Bill No. 459, Regular Session of the 50th Legis- lature, contained the emergency clause, passed with the necessary majority in both houses, was approved by the Governor June 17, 1947, and filed in the Office of the Secretary ofState on the 18th day of June, 1947, at 11:OOo’clock a.m., at which time it became effective. We attach to this opinion a photostatic, correct copy of House Bill No. 459. You attach Texas Forest Service Circular No. 16, which lists the Texas Forest Fire Laws, and inquire which of these lawr are superseded or repealed by House Bill 459. Your circular lists, among others, Article 1318, V.P.C., relatins to the unlawful burning of buildings, grain and improvements; Article 1321, V.P.C., relating to the ~burning of woodland or prairie; Article 1329, V.P.C., relating -, Hon. W. E. White, Page 2 Opinion No. V-355 to the prevention of escape of sparks; Article 2613b-1, V.C.S., re- lating to entry on private lands; Article 2135, V.C.S., relating to exemption from jury service of those engaged in forestry protec- tion; and the Federal Sabotage Act. It is our opinion that none of these acts are repealed by House Bill 459. The purpose of House BilI 459 is to provide a comprehensive statute dealing with the setting of fires as a criminal action, but its provisions do not con- flict with or repeal all of the offenses listed in the above-mentioned statutes. All of the remaining articles in your circular are either superseded or specifically repealed by House Bill 459. They are Articles 1327 and 1328, V.P.C., relating to willful burning of g.rass; Article 1330, V.P.C., relating to burning forest or cut-over land; and Article 1388b, ,V.P.C., relating to willful burning of woods, grass, etc. This leaves Article 138813, as amended and superseded by House Bill 459, as a comprehensive criminal law upon the general subject of set-g out fires, supplemented by the remaining Articles 1318, 1321; and 1329, V.P.C. SlMlvlARY The effective date of House Bill 45,9, 50th Legisla- time, is June 18, 1947, 11:00 o”c1ock’a.m. House Bill 459 amends and supersedes Article 1388b, ‘V.P.C., as a com- prehensive criminal law upon the subject of burning woods, grass, etc., and repeals Articles 1327, 1328, and 1330, V.P.C. Yours very truly, Price Daniel Attorney General PD: sl