R-590
TEEATTORNEY GENERAL
QFtiXAS
PRICE DANIEL
ATTORNEYGENERAL
Suly 7, 1947
Hon. WilUam N, lienrlQ,y
CriminalDirtrlQt Attorney
Dexar Bon&y Whetkrr er Bat a
San Antonlo 5r Texas bag limit PjnCol-
lardd Reaoary or
JrrQbiu lx%rtr
in certafa eoun-
tier UIdar Eauor
Ml1 NC, 758, dots
,efthe 50th Legis-
Dear Mr. Henslay:
Your request fcr en opinion on the abwr oap-
tioned subject reads as follows:
"I am hereby requestirgan epinian aa
to the interpretrticnof Douse Dill No.
758 found in L947 Volnea~s Texas Dossion
Law Serv4e0, April %8, - Hay U, 1947, is-
SUB.
"It seeme RS thQu@ Article 879G-3
of the Penal Code provided for a bag
limit of two Collared Peacaries during
the open 8eas8n af any on8 year, House
~111 No. 758, whioh 8 ecifieallyrepeals
House Bill No; 123 anB pertains to the
same subjeot matter, is not very clear
as to whether or not at present there
is a bag limit on Javelinas. Please ad-
vise this orriae as etwn ae pOs8ible as
to your intsrpxetot&orof House Dill 758
in regard to the bag limit."
House Bill No. 884, Acts of the 46th Legisla-
ture, 1939, Chapter 78, page 831, as amended by House
Bill No, 1199, Acts of thQ 46tk Le ia1attW, 193% Chap-
ter 9 page 832, proritJrr rar a 8fetrM%da eloaedmaam
on Cih llarod hooary or Javelina,with the QxcrptiQn of a
period from November 16 to January 1 Qf Qaah year, pro-
vidin,$that no prrscns shall take in any one aeaQQn mQre
Han, William N, H~msley, Page 2, V-,298 i
than two Collared Peccary or Javelfna
House Bill No. 758, Acts of the 50th Legisla-
ture, 1947, Chapter 160 J page 264, reads as follows:
“Section 1: Section la of Acts
1939 i Fortysixth Legislature j Special
Laws, page 831, as amended by Acts,
1941, Forty,-seventh Legislature, page
445, Chapter 281, Section li and Acts,
19L-5,Regular Session, Forty-ninth Leg-
islature :, Chapter 110,page 158, is
hereby amended to read as follows:
‘12Section la Provided; however,
that it shall be lawful to take, cap-
ture !! shoot, or kill Collared Peccary
OP Javelina in the Counties of Crockett,
Dimmit
---~i--s _ FrJr, Kinney, La Saa, Maverick,
Medlna, McMuller~, __-- Stir?T?%lde i -Val
Verde , Webb :i ZapataL~ and Zavala ~ Texas,
at any E, and an open season for Col-
lared Peccary or Javelina in such Coun-
ties is hereby declared, Provided fur-
ther, that ft shall be unlawful in such
Countf,es t,o have or take any Collared
Peccary or Javelina, or any part of same s
in possessfon for the purpose of barter
or sale r or to sell or to offer for sale
any Collared Peccary or Javelina, or any
part of same, and any person violating
the provisions of this Act shall be guil-
ty of a misdemeanor and upon convictfon
shall be fined in a sum of not less than
Ten Dollars ($10 ) nor more than Fifty
Dollars ($50); and each Collared Peccary
or Javelfna i OP any part thereof !, taken
or possessed or offered for Sale or POS-
sessed for the purpose of sale or sold,
in violation of this Act shall consti-
tute a separate offense; i (Emphasis
added) I
"set, 2,; All laws or parts of laws
in conflict with this Act are hereby re-
pealed, and House Bill No: 123, Acts Of
the Fiftieth Legislature U heretofore en-
acted is hereby specifically repealed,
Hon. William N, Hensley, Pags 3, ‘V-29d.
“Sec. 3. The fact that Javelina popu-
lations in Crookett, Friar Kinney, La Salle,
Maverick, Medlna s &Mullen, ‘Uvalde, Val
Verde, and Zavala Counties are threatening
domeetio orops creates an emergency and an
imperative public neoessity that the Con-
stitutional Rule requring that bills be
read on three several days in each House
be and the same is hereby suspended, and
this Act shall beaome In full force and af-
fect from and after its psssape, and it’ is
BO enacted,”
House Dill, 75r.i~ is the last of several amend,-
ments s the first of whi,ch wss passed In 19/+1,provid-
ing a section la to the original 1739 ACtS, exempting
certain counties from the terms of the 1939 Acts and
providing for an open season in suoh counties. Each
amendatory act is identical except that fn each amend-
ment additional counti,es were included in Section la,
and that House Bill No0 758 declares an emer$sacg.
From 39 Texas Jurisprudence, we quote:
“Primarily the intention and meaning
of the Lagislatura must be ascertained from
the language of the statute read as a
whole B that is, from the entire context
of the law, If the statut,ory language
clearly and distinctly reveals the Sagis-
lative intent, there fs no occasion to
look elsewhere,” (nurnarous cases cited) D
It was obvi,ously the intent of the Legfsla-
ture to declare an open season on Co’ilared Peccary or
Javelina, without a bag limit, In the oounties enumer-
ated in Section la i,n ,view of the fact that Javelina
population fn said counties was threatening domestic
crops O
It is, therefore, the opinion of this depart-
ment that at present there i,s no bag limit on Collared
Peccary or Javel,ina in the Counties of Crockett, Dimnit,
Frio,~Kinney, La Salle, Maverick, Meaina, McMullen,
Starr, Uvalde, Val Verde o ;iebb, Zapat,a, and Zavala. By
virtue of the 1939 Acts there I.s, however, a closed sea-
son and a bag limit in all other counties,
Han, Wfllfam N, Hensleg, Pago 4s V-298,
No bag lfmft at preaeat exists on
CollarrdPaeoarg or Javelina in the Coun-
ties carCrookstt,Dimmit, Frlo, Kfnnsg,
La Salle, llararfok,Medina, McMullen,
Starr, Uvalde, Val Verdes Webb, Zapata,
and Zavala. The13 is, howavers a closed
season and a bag limit fn all other ooun-
tICIS,
Yours very truly
ATTORNEY GENERAL OF TEXAS
By =b
Artie Stephens
Assistant
ATTORNEY GENXRAL,