July 20, 1966
Honorable Charles A. Allen Opinion No. C-727
Criminal District Attornev
Harrison County Re: Whether H.B. 442, Acts
P. 0. Box 949 59th Legislature, 1965,
Marshall, Texas R.S., Chapter 576, p.
1255, applies to buck
deer in Harrison County
insofar as the open sea-
son is concerned or
whether H.B. 819, Acts
of the 57th Legislature,
1961, R.S., Chapter 510,
p. 1122, applies to buck
Dear Mr. Allen: ueer as to open season.
You have requested the opinion of this office as
to whether the open season on buck deer in Harrison County
is determined by-H.B. 442, Acts of the 59th Legislature,
R.S., Chapter 576, Page 1255, or by H.B. 819, Acts 57th
Legislature, 1961, R.S., Chapter 510, Page 1122.
House Bill No. 819, Acts 57th Legislature, provides
by Section 1 thereof that it shall be unlawful for any per-
son to hunt, take or kill any game animal in Harrison Coun-
ty at any time except as provided for in the act. Section
1 further provides for the Game and Fish Commission (now
Parks and Wildlife Department) to promulgate rules and
regulations which might set forth an open season for the
hunting, taking or killing of game animals in Harrison
County.
House Bill No. 442, Acts 59th Legislature, reads
in part as follows:
II. . .and 1t shall be lawful to take
or kill buck deer in Harrison County dur-
ing the period from November 15th to
November 30th, both days inclusive. . . .'I
House Bill No. 442 is concise and explicit as to
an open season on buck deer in Harrison County. It is the
-3497-
Honorable Charles A. Allen, Page 2 (C-727)
latest expression of the Legislature on this topic and
therefore controls over H.B. 819. Baker v. Compton, 52
Tex. 252 (1879); Adams v. Rockwall County, 280 S W
(Tex.Comm.App. I$?-, 118 Tkx: x23,
16 S.W.2d 1063 (192 j.
SUMMARY
House Bill No. 442, Acts 59th Legis-
lature, 1965, R.S., Chapter 576, Page
1255, controls the open season on buck
deer in Harrison County.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
By: Q??f&@A
MILTON RICHARDSON
ssistant Attorney General
JMR/br
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Lonny F. Zwiener
Dunklin Sullivan
Thomas Mack
Malcolm Quick
APPROVED FOR THE ATTORNEY GENERAL
By: T, B. Wright
-349s