Untitled Texas Attorney General Opinion

Honorable J. R. Singleton Opinion No. M-18 Executive Director Parks and Wildlife Department Re: Whether Acts 57 Le Austin, Texas~ 1961, Ch. 99, P. 18' 6, R*S- de- prives the Parks and Wild- life Department of power to issue depredationpermits Dear Mr. Singleton: under Article 888,v.P.c. You have requested an opinion from this office upon the above question. Article 888, Vernon's Penal Code, Is .a general statute applying to every county in the State, allowing the Parks and Wildlife Department to permit the killing of wild birds or wild animals protected under Chapter 6, Title 13, Vernon's Penal Code of Texas, without regard to the open or closed seasony bag limit, or night shooting, under certain circum- stances.andwithin certain limits when such wild birds or wild animals are destroying crops or domestic animals. The purpose of this statute is to prevent depredationby wild fowl or animals protected by game laws. Acts 57th Leg. R. S. 1961, Ch. 9 P. 186 and codified by Vernon as a "note" under Article 97%) j, applies only to Dimmitt, Uvalde and Zavala Counties, Said Act makes it un- lawful for any person to hunt, take, kill or possess, or attempt to hunt, take or kill any game bird or game animal in said Counties at any time, except at certain periods of time determinedby the Parks and Wildlife Department as nec- essary for conservationof the wildlife resourcea. The pur- pose of this statute is to protect the wildlife resources of this State, within such counties from depletion and~waste. Section 15 of said Act provides for the repeal of all laws and parts of laws, both general and special prescrib- ing an open season or period of time when 3-tshall be lawful to take ox kill any of the wildlife resources,as defined therein, of such counties, together with all laws prescrib- ing a closed season for such killing or taking, as well as all laws or parts of laws, general or special, prescribing or limiting the method, means or manner in which any of the - 74 - Honorable J. R. Singleton, Page 2 (M-18) wildlife resources of said counties are taken, and any and all laws, general and special, in conflict with the provi- sions of this Act. Thus, the repealing clause repealed only those laws prescribing open and closed seasons for taking wildl*+ re- sources of such counties and was not intended to repeal any law controllingpredators upon stock and crops for the bene- fit of stockmen and farmers. You are, therefore,advised that Article 888, Vernon's Penal Code, is not repealed and Is applicable to Dimmitt, Uvalde and Zavala Counties as well as the other counties of this State, and the Parks and Wlld- life Department has the authority to issue depredationper- mits pursuant to Article 888, Vernon's Penal Code, for use in Dimmitt, Uvalde and Zavals Counties. SUMMARY The Parks and Wildlife Departmenthas the authority to issue depredationper- mits, under Article 888, Vernon's Penal Code, for the killing of wild birds or animals in Dimmitt, Uvalde and Zavala Counties, unaffected by Acts 57 Leg. R.S. 1961, Ch. 99, P. 186. Y& s very truly, y2z OPD C. MARTIN General of Texas RLL/dt Prepared by R. L. Lsttimore Assistant Attorney General APPROVED: OPINION COMMITTEE: Hawthorne Phillips, Chairman W. V. Geppert, Co-chairman John Reeves Sam Kelley W. 0. Shultz A. J. Carubbi, Jr. Staff Legal Assistant - 75 -