Untitled Texas Attorney General Opinion ( 1944 )

OFFICE OF..THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable Wm. J. Tucker Executive Secretary Game, Fish and Oyster Commission Austin, Texas Coastal Division Game, Fish and Oyster Commission 340 IUxoa Building I Corpus Chrlstl, Texas Gentlemen: as to whether in possession from the inland salt vaters of this state during the period of tltne from aud betveen July 15 and August 31 and during the period of time from and between September 15 and March 1st of any year. It further etatos that it shall be unlawful to use or possess any shrimp trawl la or on any of the salt vaters of this et-Site, except the Gulf of Mexico during the period of time afore- mentioned.” Honorable Wm. J. Tucker, Honorable I. B. Arnold, page 2 In 1939, by Speoial Lav, the bglslature enaated that a “It ahall be lavful to u8e . . . shrimp travls . . . for the taking of f lrh and ehrlmp from the waters of East Oalveaton B8y la the Coun- tiea of Oalveston and Chamber8 . . . during the period beginning Auqet 15th and ending I(sy 15th of each year. Chapter 67, Special lava, Aots 46th Legl8iai;e. Two yeara later, la 1941, the Legislature passed the follovlng 8tatute on the 8ame subjeat: “It rbnll be unlavful to catoh or have in possearion any 8hrlmp fraa the inland salt vaterr of this State during the period of tire from and between the 15th day of July and the 3lrt d8y of August and during the period OS tine Srom and be- tveen the 15th day of December and the 18t day of I&arch OS any year. ‘It 8hall al80 be unlawful to u8e, orfrat&, or po88e88 any shrimp tpavl in or on a wit vater8 of this Stat0 except the 0 3 S of lbxico during the perriod of time from and betveen the 15th day of July and the 318t day of Au&ust aad during the period of time from and betveen the 15th day of December and the 1st day of &arch of say year, except a8 hereinafter provided la this Act. u. . . .’ Chapter 322, Act8 47th Lbgi8latUre. The tvo statute8 are la confllat on the olo8ed and open 8ea8oM. Under suah clrawmtanae8, it 18 elementary that the last expreaslon of the Legi8~tu.M preVail8. The 8e88oM 8hould therefore conform to the provlrlons of the 1941 Aot. Very truly your8 ;/ ATTORIYEYGEitERAL OF TEXAS BY