Untitled Texas Attorney General Opinion ( 1944 )

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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Hal F. Raohal
Assistant County Attorney
Hueoes Oountg
Corpus Chrlsti, Texas
Dear Sir:
Receipt ,of'
your
to.the proper oonstrwtlon
pI 372, General and Speoial.
la h6reby @oknovledged,
ng a Line from said.polnt on
stake or marker on Mustang
Island, one mile'north of GorputiChristi Pass,
tn the eveht both of atiiid'boundariaa
should not
0olnoideP
"2. Does the term Gorpua Chrlsti
Pass', as used in SenateBill 317, mean only
that portion of the Pawwhioh oonneots the Gulf
of Mexico with Laguna Madre, OF doea it mean the
-Ron. Hal. F. Rachel, page 3
"If the stake OP marker is situated
:~..~a&
a point one mile as near Borth as possible
from the opening of Corpus Christ1 Pass and the
Corpus Christi Bay, then such stake OP marker
wquid be almost due east of the stake or marker
on Flour Bluff, but such stake or marker oould
not be looated due north of auoh mouth of the
Pass, but on the contrary, would be situated
about north northeast of the mouth of such
Pass."
Section 1 of Senate Bill 317, supra, reads in part:
!Be It enaoted by the Legislature of
the State of Texas:
?%GtiOZl1. It shall bcunlavful for
owjg.
:,- :
... For~alarlty, we co&& ~0.65-a&iqnd-tind
&rd
:'.' .quei0~ .ri.w. :~
iU%ioie941, P . C . was in eff&ct uhun senate'
Bill 317:vas passed and seems to be %nLne?feoC.atthis Mine.
"we.&,ru
tunableto find any notatL& to theeffeat that &wh
It mrty'be'conslderedih oonnection with'
it def*:es:uGorpua Owqti Pass"
Az%,ole 941 L-0. reads in part
as follows:
. .
"C0rpua Christ1 Pass, leading.from
i&pus ChrIsti~Bag to the Gul? of .Nekfexico;
Braeos
Santlage Pass, leadlng from the Lower Laguna
#a&e to the Gulf oij$exi.co.. . .,"
In dur oplfion these aots ahMId be construed
in par1 materla and that 161 follows that "Corpus Christ1 %ass"
Hon. Hal. F. Raohal, page 4
mentioned in Senate Bill 317 means the pass conneotlng Corpus
Chrliitl:Baytith the Gulf of .l&xloo. !Chlsinference I?
supported by the fact stated $n your lottor,;.+ha$a point on
Mustang Island approxlmatel &o&h of that pass i-9almost due
east of Flour Bluff, which 5enate Bill 317, supra, fndica.tes
to be true.
Armrering'your third qwstion, I+ la our
oplnlon that the stake OP marker on Idustang;I:Jsland
one mile
north of Corpus Christ1 Pass should be plaoed at a point on
Mustang Island one mile as near north of said pass as possi-
61s rather than due north of 'saidpass but not on Mustang
Island.
Eon. Hal F. Iiachal,
page 6
recting the immediatede~truotionof such
skins, strike net, gill dot, tr*mmel net,
~rIsbriqp trawl by the Sh@.fS or oonstable
of the county where the a&se was tried, and
the Sheriff or constable of.theaounty shall
lmmedlatelg destroy such seine, strike net(
illpet; 'trammelnet, or -flbrtip
trawl. . .'
Bmphasla
7' ours)
de we oonetrue the above quoted language,
the Leglalatureeeemfito provide for destruotion of seines
etc. In theaaae of a oonviotion under 'thatpartloular
artiole. We are unable to find any provision in Senate
15111317 or any other statute jrrhioh,.in
our judgment,
oould require or ,permlta destruotlonof the seines eta.
in the ewmt of a conviction lmder Senate Bill 317.