Your letter of May 5, 19JJ, calls our attention to Senate Bill go. 507 of the Regular Session of the @nd Legis- lature, whit& amended Chapter 10 of the l&h Galled Session of the &.l.st Legislature, and which reads ln part as follows:

&e open season for killing wild turkeys in any county composing the third, fifth and fourteenth sena- torial districts . . . shall be during the months of !Jarch and April. Whoever kills a wild turkey in any of said counties at any time other than during said shall be fined not less than Ten lO.OOj Doli&'nor more than One Hundred ($100.00) f ,..

and to Rouse~R~3.l Ho. 377 of the Regular Session of the &th Legislature,(whish reads as follows:

*Ii shall be unlawful for any person to hunt, trap, ensnare kill or attempt to kill, by any meana whatsoever, any ~114 deer, buok, doe ,t fawn or wild turkey in the county of Robertson, fn the State of Texas, for a period of six 16) years from and after the passage of this Act.* Robertson County was included within the provisions or Senate Bill No. 507. Rouee Bill No. 377 by Its provlsione expired May 6, 1911.

,., Honorable H. D. Dodgen, page 2

YOII request the opinion of this Department upon

the status of the law et this time with reference to the taking of wild turkey in Robertson County under the fore- going statutes.

The Legislature did not in Rouse Bill 377 expressly repeal Senate Bill 507 in Its applioatlon to Robertson County. The doatrlne of repeals by implication, upon the basis of an lrreconciliable conflict, does not oompel such a repeal because Rouse Bill 377 by Its express provisions was a temporary enact- ment to be in force and effect for only six years. The effect of Xouse Bill 377, in our opinion, was nerely to suspend the operation of Senate Bill 507 during the llre of House Bill 377.

Th4 purpose of Hous Bill 377, as reolted In Seo- tion 3 ther4@, was to aooomplish the restmklng or Robertson Couuty with @%ld deer and turk4g. We samot, in ths abssnoe of exgjmss l&guage, attribute to the Legislature, in the enaot- ment of House Bill 377, the intent to repeal outright Sonata Bill 507 as %o Robertson County, and thereby, at the end of six years, leave the killing of wild turkey unregulated and uurestrloted ln suoh oountg. Manifestly this muid frustrate the very purpose of Houae Bill 377.

It is therefore the opinion of this Department that House Bill 377 merely suspended the operation of Senate Bill 507 in Robertson County for six years and that upon the explratiou or suah peri of tints the provisions of Senate Bill 507 beoam onas aga3n i r ~iorae and effaat in anoh bounty. In oonsBqu4nue, the open ssaion tor the taking of wild turkeys in Robertson County is 1n:aocordauoe with Senate Bill 507, namely, during the months o? Maroh and April.

Yours very truly ATTORNEYGENERAL OFTXAS APPROV-EIS MAY:20, 194l /a/ Grover 8bllers

By /s/ Zollie C. SteakleT Zollie C. Steakley FTRST ASSISTAIW arrsistant ATTORl'EYGEniRAL zcs: Aha!

APPROVED OPINION COMMITTEE

By BViB Chairman