Untitled Texas Attorney General Opinion ( 1983 )

The Attorney General of Texas
August 2, 1983
JIM MATTOX
Attorney General
Supreme Court Building Mr. Charles Travis Opinion No. JM-52
P.O.Box 12546 Executive Director
martin. TX. 78711. 2548 Texas Parks and Wildlife Department Re: Whether provisions in
5121475-2601 4200 Smith School Road Senate Bill No. 94 repealing
Telex 9101874-1367
Austin, Texas 78744 certain provisions for fur-
Telecopier 5121475~0266
bearing animals are effective
1607 Main St.. Suite 1400 Dear Mr. Travis:
Oa,,as. TX. 75201-4709
2141742.6944
You have requested an interpretation of article 1, section 37 of
Senate Bill No. 94, which was enacted by the Sixty-eighth Legislature
4824 Alberta Ave.. Suite 160 to repeal numerous provisions of the Parks and Wildlife Code. We
El Pas,. TX. 79905-2793 believe that each provision of the code that is listed in section 37
y.iq533.3484 is repealed on the effective date of a proclamation of the Parks and
Wildlife Commission that regulates the conduct proscribed by that
1220 Dallas Ave.. Suite 202 provision.
“ouston, TX. 77002-6966
7131650-0666 "A fundamental rule in the construction of statutes is to
ascertain and give effect to the intent of the Legislature." Jessen
606 Broadway. Suite 312
Associates, Inc. v. Bullock, 531 S.W.2d 593, 599 (Tex. 1975). Senate
Lubbock, TX. 79401-3479 Bill No. 94 was enacted to place conservation control and game
8061747.5238 management under the sole authority of the 'Parks and Wildlife
Department. See Bill Analysis to Senate Bill No. 94, prepared for
House Committee on Environmental Affairs, filed in Bill File to Senate
4309 N. Tenth, Suite B
MCAII~~. TX. 76501-1685
Bill No. 94, Legislative Reference Library. In so doing, the
5121682-4547
legislature repealed the provisions of the code included in article 1,
section 36 of the bill on the effective date of the act, which is
August 29, 1983. The legislature repealed numerous other provisions
200 Main Plaza, Suite 400 of the code in section 37, but with the intention that the repeal not
San Anfonio. TX. 78205-2797
be effective until the Parks and Wildlife Commission by proclamation
5121225-4191
regulates the conduct controlled by each of those provisions. section
37 states that the provisions "are repealed," but "effective as
An Equal OpportunityI provided by Section 61.004, Parks and Wildlife Code." Section 61.004
Affirmative Action Employer
provides that a law making chapter 61 of the Parks and Wildlife Code
applicable to all or a portion of the wildlife resources of a county
or place repeals any provision of general or special law regulating
the taking or possession of those wildlife resources when the
commission's proclamation relating to those wildlife resources takes
effect.
We believe that when the legislature referred to section 61.004
in section 37 of the bill, it simply meant to adopt the method set
forth therein. In other words, its intent was that the statutes
Mr. Charles Travis - Page 2 (JM-52)
7
listed in section 37 would be deemed to be repealed only when a
proclamation issued by the commission takes effect. We do not believe
that it ever contemplated that the proclamations to be issued could
affect only those statutes pertaining to wildlife resources that are
under the regulatory authority in chapter 61. Otherwise, the listing
of statutes in section 37 other than those pertaining to conduct that
is regulated under chapter 61 could only be regarded as an idle
gesture because a Parks and Wildlife Commission proclamation could
never reach those statutes.
Therefore, it is our opinion that the legislature clearly
intended to repeal all statutes listed in section 37, but that the
repeal would become effective only on the effective date of a
proclamation issued by the Parks and Wildlife Commission. See
McDonald v. State, 615 S.W.2d 214, 219 (Tex. Crim. App. 1981).
SUMMARY
The legislature repealed each provision of the
Parks and Wildlife Code enumerated in article 1,
section 37, Senate Bill No. 94, Acts of the
Sixty-eighth Legislature, including provisions
relating to fur-bearing animals, on the effective
date of a proclamation of the Parks and Glildlife
Commission regulating the conduct proscribed by
that provision.
J-h Very truly you
JIM
.
MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
Nancy Sutton
Bruce Youngblood
P. 219