Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

GARALS C. MANN ATTORNEY GENERAL

Hegorable Harvey J. Shell, Chairman Came and Fisheries Committee House of Representatives Austin, Texas

Dear Sir:

Opinion No. 0-5290 Re: Should the exemptions est forth in House Bill 1000, as to of the 80th Legislature, be given of fost, and related questions?

Your recent request for an opinion of this depart- ment on the questions as are here is syted has been received.

We quote from your letter as follows:

"The committee on came and Fisheries of the House of Representatives in the 8th Legislature has instructed the undersioped Chairman of such comeltted to request your opinion in reference to sortain provisions of House Bill No. 1000, as to of the 8th Legislature, Regular Session.

Section 2 of House Bill No. 1000 provided for the purchase of a 110-case by all persons hunting in certain counties named in the Ast and stipulated that such 110-case should not be re- quired of any person under 17 years of age or of any person hunting on land which he owns or upon which he realizes and further that the holder of a resident or non-resident 110-case purchase in any other county in Texas should be entitled to hunt in the counties named in said Ast without jurchasing a further 110-case.

"Section 3 of House Bill No. 1000 provided for the purchase of a resident fishing 110-case by any person desiring to fish in counties named

*2

Henorable Harvey J. Shell, Chairman, Page 2

In said Ast and stipulating that guet. 11cense should not be required of any person under 17 years of age or of any person fishing on the lands which he owns or upon which he resides, or of any person who holds an Artificial Lure L1eense or a Comercial Fisherman's License. The provisions of Section 3 are stated not to apply to the colorado River nor to Inks and buahanan lakes. "Regardless of the exceptions mentioned in Section 2 and 3 of the Ast, certain onforement of f1ears in one or rore counties mentioned have required all of the residents of such counties to procure a hunting 110 ensa if they desire to hunt in such county and a fishing 11eense if they desire to fish in said counties without regard to any of the exceit1cns mentioned. "At your earliest ocsvenience, I will appreciate having y udvige whether or not, in your opinion, the exemptions in said Ast above quoted should be given effect. In other words, I wish to bave your opinion as to whether or not a person living in any of the counties named in this Ast can be required to purchase the 11eense described in Section 2, in order to hunt upon their own lands or upon lands upon which they reside and also whether or not it will be necessary for such persons to purchase the 11eense provided for in Section 3, in order to fish upon lands owned by such persons or upon which he resides. In order for the ruling to be complete, I will also appreciate having your advise whether or not a person who has purchased a resident hunting 11eense or a nonresident hunting license in any county of Tema named in the Ast can be thereafter required to purchase the license described in Section 2, in order to hunt in any of the counties named in the Act; and whether or not a person who holds an Artificial Lure or a Comercial Fisherman's license can thersefter be required to purchase a resident fish. Ag 110 ens described in Section 3, in order to fish in any of the counties named in the Act."

*3 Henerable Harvey J. Shall, Chairman, Page 8

Seetions 2 and 3 of House Bill 1000, Acts of the 46th Legislature, read as follows:

"See, 2, It shall be unlawful for any resident citizen of this state to huat in the counties named in Section 1 of this Act without first having prepared from the same, fish and oyster Commission or one of its authorized agents, a resident hunting license for which he shall pay the sum of Two Dollars (£2), Fifteen Cents (15g) of which shall be retained by the officer issuing such license as his fee for collecting same, and which license shall be valid until August 31st following the date of issuance of such license, provided that such license shall not be required of any person under seventeen (17) years of age or of any person hunting on land which he owns or upon which he resides. Provided further, that any person owning a resident or a non-resident hunting license purchased in any county in Texas shall be entitled to hunt in any county in Texas and shall not be required to purchase any other license because of the provisions of this Act.

"See, 3, It shall be unlawful for any resident citizen of this state to eateh or attempt to eateh any fish in any county named in Section 1 of this Act without first preparing a resident fishing license from the same, fish and oyster Commission or from one of its authorized agents, for which he shall pay the sum of fifty-five Cents (55g), five Cents (5g) of which shall be retained by the officer issuing such license as his fee for collecting, provided that aue resident fishing license shall not be required of any person under seventeen (17) years of age or of any person fishing in the county of his residence on lands which he owns or upon which he resides or of any person who holds an artificial lure license or a commercial fish—"van's license. The provisions of this section shall not extend to nor include the waters of the Colorado River, nor of Inka Lake, or of Buchanan Lake."

*4 Honerable Barrey.J.:Shell, Page 4

Seetions E, be and 8b of the above mentioned Aat read as follows:

"See, 8. Any reaident altiean of this state who hunts or attempts to hunt or who fishes or attempts to eateh fish without first preeuriag the license required of him by the provisions of this Aot, or wha falls or refuses on demand by any of ticar to show such officer the license required of him by this Aot, ahell be deaned cuilty of a riedemeanor and, upon conviction, shall be fined in a sum not less than ten Dollars (£10) nor rore than fifty Dollars (£80), and shall automatically forfeit any license issued to him under the provisions of this Aot, and any of the riviloges given thereunder for a period of one year following date of conviction.

"See, 8a. No person shall be allowed to kill or take, in any of the above-named counties, more than two (2) wild turkey gobblers during the open season, as provided by law, of any year, and each gobblar killed by any one person, above the limit herein preaorited, shall be a separate offense.

"See, 8b. Any person violating any provision of Section 8a of this Aot shall be deemed guilty of a misdemeaoor and upon conviction shall be fined in any sum not less than ten Dollars (£10) nor rore than fifty Dollars (£80), and shall automatically forfeit any license issued to him under the provisions of this Aot for a period of one year following date of final conviction."

It will be acted that Section 2, quoted above, specifically provides that such license shall not be required of any person under 17 years of age or of any person hunting on land which he ow is or upon which he resides. Also, it provides that any person owing a resident or non-resident hunting license purchased in any county in Texas shall be entitled to hunt in any county in Texas and shall not be required to purchase any other license because of the provisions of the Aot.

*5

Honorable Harvey J. gholl, Chairman, Page 8

It is to be noted also that geotion 3, quoted above, opocifically provides that such resident flahing lloense shall not be required of any persoa under 17 years of age or of any persoa flahing in the oquaty of his residonse on lends which he owes or upon whioh he resides, or of any persos who holis an artificial lure lloense or a commorelal fighornan's lloense. The provisions of Soetion 3 do not extend to nor inslude the waters of the Colorado River, nor Inks lake nor Bushanan lake.

In view of the apocifie terms of the above quoted not, you are respectfully advised that it is the opinion of this department that the omotions set forth in said not, must be given effect. A person living in any of the oounties named in the not oannot be required to purchase the lloense required by Soetion 2, in order to hunt upon his own land or upon land upon which he resides. A person who has purehased a resident hunting lloense or a non-resident hunting lloense in any oounty of Texas oannot be thereafter required to purchase a lloense required by Soetion 2 in order to hunt in any of the counties named in the not, nor will any person under 17 years of age be required to purchase the lloense required by Geotion 2 in order to hunt in any of the counties named in the not.

A person living in any of the counties named in the test oannot be required to purchase a lloense required by Soetion 3, in order to fish upon land owned by such person or upon whish he resides, or in the Colorado River, Inks lake or Bushanan lake. A person who holds unipatificial lure or semarrelal fighornan's lloense cannet thereafter be required to purchase a resident fishing lloense required by Soetion 3 in order to fish in any of the counties named in the same or in the Colorado River, Inks lake or Bushanan lake, nor can any person under 17 years of age be required to purchase a resident fishing lloense required by Soetion 3 in order to fish in any of the counties named.

Trusting that the forugcian fully answers your inquiry, we are

Yours vory truly

A: 100

AITORNTY GENEVAL OF TEILS

Aukel ufion

By

Ardell willians Assistant