OFFICE OF THE ATTORNEY GENERAL OF TEXAS,
AUSTIN
QROVER SELLERS .~
Atrwmar GENERAL
Honorable ban Gauldln
Criminal Blstriot AttOrnsy
Criminal Courts Building
Dallas Z, Texas
Attentionr Er. An&lo Piranlo
Dear Slrr
g 8888on an
y'a:llll+tor niore.
n&i end eeinba are por-
ia aeasona but fn'tha
td aet~out khathei or
shing eeaeoim aa, provided
Arter a oaraful aonsidaratlo~ of tha above request we
.have ooncluded that roar f bat question is snewered by Sections
3 and 5 of Senate Bill; Ho. 93, Aots of the 49th Legislature, ap-
pearing as Artlola 927e in the April, 1945, Curnulatlve Fa::phlet
of Vernon's Annotated Texas Statutes Service; Section 3 reading
08 iollows:
853
Honorable Dean Ceuidin - page 2
“SSO. 3. It shall be unlawful for any person
in any one day to oatoh and retain, or to place on
i devfke or oontalner for holding same while
$ ii %ihing, any fish that is taken from the publio
fresh waters OS this state in exoess of the following
llmltsr large-mouth blaok bass, smsll-mouth blaok
bass, spotted bass, or any sob-speoles of the same,
singly or In the 6 OgatO, fiftWA (15) Of whloh
not more than ten F10) shali be of greater length
then eleven (11) lnohes; white bass, twenty-five (25) ;
blue oatfish, ohannel oatfish and yellow oatfish
single or in the aggregate, twenty-five (26) J orapple
or white peroh, twenty-five (26).” (Emphasis added)
It shall be noted that previous to the passage of
Senate Bill No. 93, the law provided under Artiole 952f-1 of
Vernon’s Annotated Penal Code for a maximum possession limit
at any time in Dallas County; s&id provialon read, in part,
as foliows:
v* * *, it shall b,e unlawrul for any one person
to have In his or her possession at any t%me more than
thirty (30) bass, thirty (3C) orap le or white peroh,
seventy (70) bream, or seventy (70 7 goggle eyed peroh,
oaught or taken from the fresh water rivers, lakes,
ponds or lagoons OS this state, * * S.n
SeOtiOA 5 or Senate Bill No. 9?5 repealed the above
quoted artioie and reads, in part, as follows:
“sec. 6. All laws or parts of laws, local,
pneral or speolal insofar as they provide a
oiosaa season or p&ioa of time when it Is unlaw-
ful to take, or oatch fish or to 1168 artifioial
lures, or Insofar as they provide a siae limit,
possession limit or daily aatah limit or otherwise
oonfli t with any provision of GX&t shall be
and ari hereby repealed; * * *.* (Emphaiis ours)
Thus it is seen that the above quoted aeatlon OS
Senate Dill MO. 93 repeals all laws or parts of laws, local,
854
Honorable Dean Gauldin - page 3
;ennyl or special, Insofar as they provide for a possess ion
.
Aoqordingly, the emwer to your first question is that
under the present law AO person Is limited in his possess iOA
of flab to any meximum number of dey*a oatoh.
IA enswer to your 80002a question, owe direot your
attention to the enolosed Opinion Ho. O-6541, paSSed by this
department b%y 9, 1945, rhloh we tmst satIsfeotorilp answers
your inquiry.
Yours very truly
ATTORIBYQENERALOF TSXAS
Asslst+t
Bob D. &ddox
’ BD%:zd
Enal.