Case Information

*1 ::

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Honorable Hal F. Raohal

Assistant County Attorney

Hueoes Oountg

Corpus Chrlsti, Texas

Dear Sir:

Receipt ,of' your

to.the proper oonstrwtlon

pI General and Speoial.

la h6reby @oknovledged,

ng a Line from said.polnt on stake or marker on Mustang Island, one mile'north of Gorputi Christi Pass, tn the eveht both of atiiid'boundariaa should not 0olnoideP

"2. Does the term Gorpua Chrlsti Pass', as used in SenateBill mean only that portion of the Pawwhioh oonneots the Gulf of Mexico with Laguna Madre, OF doea it mean the *3 -Ron. Hal. F. Rachel, page 3

"If the stake OP marker is situated :~..~a& a point one mile as near Borth as possible

from the opening of Corpus Christ1 Pass and the Corpus Christi Bay, then such stake marker wquid be almost due east of the stake or marker on Flour Bluff, but such stake or marker oould not be looated due north of auoh mouth of the Pass, but on the contrary, would be situated about north northeast of the mouth of such Pass."

Section 1 of Senate Bill supra, reads in part: !Be It enaoted by the Legislature of the State of Texas:

?%GtiOZl 1. It shall bcunlavful for

owjg. :

:,- . . . For~alarlty, we co&& ~0.65 -a&iqnd-tind &rd :' .' .quei0~ .ri.w. : ~

iU%ioie P . C . was in eff &ct uhun senate ' Bill 317:vas passed and seems to be %nLne?feoC.at this Mine. "we.&,ru tunable to find any notatL& to theeffeat that &wh

It mrty'be'consldered ih oonnection with' it def*:es: uGorpua Owqti Pass" Az%,ole 941 L-0. reads in part as follows: . .

"C0rpua Christ1 Pass, leading. from i&pus ChrIsti~Bag to the Gul? of .Nekfexico; Braeos Santlage Pass, leadlng from the Lower Laguna #a&e to the Gulf oij$exi.co. . . .,"

In dur oplfion these aots ahMId be construed in par1 materla and that 161 follows that "Corpus Christ1 %ass"

Hon. Hal. F. Raohal, page 4

mentioned in Senate Bill 317 means the pass conneotlng Corpus Chrliitl:Bay tith the Gulf of .l&xloo. !Chls inference I? supported by the fact stated $n your lottor,;.+ha$ a point on Mustang Island approxlmatel &o&h of that pass i-9 almost due east of Flour Bluff, which 5 enate Bill supra, fndica.tes to be true. Armrering'your third qwstion, I+ la our

oplnlon that the stake marker on Idustang;I:Jsland one mile north of Corpus Christ1 Pass should be plaoed at a point on Mustang Island one mile as near north of said pass as possi- 61s rather than due north of 'said pass but not on Mustang Island.

Eon. Hal F. Iiachal, page 6

recting the immediate de~truotion of such skins, strike net, gill dot, tr*mmel net, ~rIsbriqp trawl by the Sh@.fS or oonstable of the county where the a&se was tried, and the Sheriff or constable of.theaounty shall lmmedlatelg destroy such seine, strike net(

illpet; 'trammel net, or -flbrtip trawl. . .' 7' Bmphasla ours)

de we oonetrue the above quoted language, the Leglalature eeemfi to provide for destruotion of seines etc. In theaaae of a oonviotion under 'that partloular artio le. We are unable to find any provision in Senate 15111 317 or any other statute jrrhioh,.in our judgment, oould require or ,permlt a destruotlon of the seines eta. in the ewmt of a conviction lmder Senate Bill 317.