# The Attorney General of Texas February 6, 1976

Honorable Edward L.Poole County Attorney pro tempore County of Potter Amarillo, Texas 79101 Opinion No. H-ll24 Re: Disposition of fines levied for failure to appear incourt for an alleged violation of a game, fish, orpark law. Dear Mr. Poole: Your office inquires about the disposition of a fine collected under section 12.106of the Parks and Wildlife Code, which reads asfollows:

(a) Any peace officer of this state or a political subdivision of this state or an authorized employee of the department who arrests aperson for a violation of a game, fish, or park law of this state or of a regulation of the commission may deliver to the alleged violator a written notice to appear before the justice court having jurisdiction of the offense not later than 15 days after the date of the alleged violation. fb) On signing the written notice to appear and thereby promising to appear asprovided in the notice, the alleged violator shall bereleased. fc) Failure to appear within the time specified in the written notice is a misdemeanor punishable by a fine of not less than $10nor more than $200, and a warrant for the arrest of the alleged violator may be issued. Section 12.107(a)of the Code Provides for remission to the Parks and Wildlife Department of 80 or 85percent ofa fine imposed “for aviolation ofany law relating to the protection and conservation of wild birds, wild fowl, wild animals, fish, oysters, and other wildlife.

. . .” You wish to know whether that portion of a fine collected by ajustice court under section 12.106for failure to appear should be remitted to the Department.

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Honorable Edward L.Poole - Page 2 (~~~24)

The answer to your question depends whether section 12.106is a“lawrelating to the protection and conservation of

. . . wildlife” within the terms of section 12.107. The question is a close one. Section 12.106can be said to relate at least indirectly to the protection and conservation of wildlife because it increases the chance that someone arrested for violation of fish and game laws will appear for disposition ofthe charges and will incur apenalty ifhe infact violated those laws. Inaddition, section 12.106was enacted to affect only citations issued for an alleged violation offish andgame laws, and this isreflected initscaption. Acts 1973,63rd Leg., ch. 132,at 282. However, after examining other provisions of the Code, we have concluded that section 12.106is not a law relating to the protection and conservation of wildlife, and fines collected thereunder are not subject to the provisions of section 12.107. There isasimilar provision regarding notice to appear for violations **of** the water safety laws. gee Parks & Wild. Code SS 31.125,31.127. lhe provision regarding disposition o?%es states that an officer receiving “any fine imposed by a court for violation of this cha ter shall send the fine to the department.

. . .” Parks & Wild. Code S dmphasis added). 3.l The legislature has clearly subjected fines collected for failure to appear in connection with water safety violations to the disposition provision. See also Parks 5(Wild. Code Sg 13.107, 13.109,13.M. Ifthe legislature had intendeadisposition provision to apply to section 12.106,it could have used the language found insection 31.128(a). The original version of section 12.107dates from 1907,while section 12.106was enacted in 1973. See Acts 1973,63rd Leg., ch. 132,at 282;Acts 1907,30th Leg., ch. 137, at 256. Thetime lapse between the enactment of the two provisions may explain why their terms are not as precisely coordinated as those of the Water Safety Act, adopted as a single piece oflegislation. See Acts 1959,56th Leg., ch. 179, at 369. We do not believe the language of section 12.107 mandates the remission to Parks and Wildlife of a percentage of fines collected under section 12.106. SUMMARY

Section 12.106 of the Parks and Wildlife Code which authorizes the imposition of a fife of alleged violators of fish, game, and park laws whofail to appear incourt, isnot a law relating to the protection and conservation of

. . . wildlife.” Hence, fines collected under it are not subject to section 12.107,providing for remission of a percentage of certain fines to the Parks andWildlife Department.

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I Honorable Edward L.Poole - Page 3 (H-U.241

APPROVED: / / JOtiN L.HlLL / / J’ Attorney General ofTexas 

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Opinion Committee ’

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