Case Information
*1 The Attorney General of Texas August 2, 1983
JIM MATTOX
Attorney General
Supreme P.O.Box 12546 5121475-2601 martin. TX. 78711. Court Building [2548] Mr. Charles Travis 4200 Smith School Road Texas Parks and Wildlife Department Executive Director Opinion No. JM-52 Re: Whether provisions in Senate Bill No. 94 repealing Telex 9101874-1367 Austin, Texas 78744 certain provisions for fur- Telecopier 5121475~0266 bearing animals are effective 2141742.6944 Oa,,as. 1607 Main St.. Suite TX. 75201-4709 [1400] Dear Mr. Travis:
You have requested an interpretation of article 1, section 37 of
Senate Bill No. 94, which was enacted by the Sixty-eighth Legislature y.iq533.3484 4824 Alberta El Pas,. TX. 79905-2793 Ave.. Suite [160] to repeal numerous provisions of the Parks and Wildlife Code. We believe that each provision of the code that is listed in section 37 is repealed on the effective date of a proclamation of the Parks and
Wildlife Commission that regulates the conduct proscribed by that provision. 1220 Dallas Ave.. Suite 202
“ouston, TX. 77002-6966 "A fundamental rule in the construction of statutes is to 7131650-0666
ascertain and give effect to the intent of the Legislature." Jessen Associates, Inc. v. Bullock, 531 S.W.2d 593, 599 (Tex. 1975). Senate 606 Broadway. Suite 312 Bill No. 94 was enacted to place conservation control and game Lubbock, TX. 79401-3479 management under the sole authority of the 'Parks and Wildlife 8061747.5238 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 Bill No. 94, Legislative Reference Library. In so doing, the MCAII~~. TX. 76501-1685 legislature repealed the provisions of the code included in article 1, 5121682-4547 section 36 of the bill on the effective date of the act, which is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 The legislature repealed numerous other provisions 200 Main Plaza, Suite 400 of the code in section 37, but with the intention that the repeal not San Anfonio.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37 states that the provisions "are repealed," but "effective as provided by Section 61.004, Parks and Wildlife Code." Section 61.004 An Equal OpportunityI 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 *2 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.
Very truly you J-h .
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