~ 

TEE A'ITORNEYGENERAL 

0r~T~xAs ; z 

AUSTIN. TEXAS 

June 

Hon. Howard D. Dodgen 

Executive Secretary 

Game, Fish and Oyster 

Austin, ‘Texas 

16, 1948 

Commission 

* 

Attention: Hon. F. M. Oowsert 

Dear’ Sir: 

ter: 

*Under the provisions of Article 941, 

Penal Code 1925, ,as amended by .Acts 1929, 

41st Leg. p. 269, ch. ,119, the use of 

8 ei~nes and nets is prohibited in St. Charles 

bay and Puerto Bay, In H. B. 745, Acts 1943, 

48th Leg. , Reg. S,es . , c.h. 334, p? 563, the use 

of agy tackle then permitted in any other, , 

coastal county in the State of Texas was made 

legal when fishing ,for commercial purposes 

in all tidal waters of Aransas County with 

exceptions .o!’ passes between inland bays and 

the Gulf. This provision w88 to be in effect 

for two years or ior the duration, of the war. 

Re:, Legality of Commercial 

netting or fish in 

St. Charles and: Puerto 

Bays; 

You request an opinion on the following mat- 

“The question pose’d is stated.as follois: 

‘The issue seems to be whether Art. 941 of the 

Penal Code, was, In effect, repealed by the 

legislation by the 48th Legislature taking efrect in May, 1943, SUSpendin& operation 08 Art. 

941 in the :tidal waters of Aranqas County. lR 

Chapter,334 of the AOt8 of the 48th Legislature (1943~)) R.8. p. 563, provide8 that it shall be 

in ‘force 
-- . . 

Hon. Howard D. Dodgen, Page 2. (V-604.) 

"Hereafter, for a period of two (2) years and 

for the duration of the war". 

And Section 3 of the Acts is as follows: 

"Providing that all laws and parts of laws 

ihconflict, shall be suspended for a period of 

two (2) years or until the end of the war." 

The suspension of a statute means a temporary 

stop for a time and involves a power which can be exercised only by the Legislature. 39 Tex. Jur., 136, 

Sec. 72; 59 C. J. 940, Sec. 553; 50 Am. Jur. 524, Sec. 

512. 

It is stated in, Vol. 1, Sutherland, Statutory Construction (3rd ed. 1943) at page 516 and 518, 

"The suspension of a statute is a temporary 

rescission of a.valid legislative enactment by the 

execution of a later statute which is to prevail 

during its limited operation... And where the 

Legislature by a later enactment repeals the suspensory statute, a statute which has been suspended 

by the repealed statute is reinstated without express re-enactment." . 

In Texas, the Legislature ha8 the sole "power 

of suspending laws in this State." Texas Constitution, 

Art. I, Sec. 28; McDonald v. Denton, 132 S.W. 823, 63 

Tex. Civ. App. 421, writ of error denied 135 S. W. 1148, 

104 Tex. 206. 

The suspension of a statute is not the repeal 

of a statute. There is a material difference between 

the repeal and the suspension of a statute. A repeal 

puts an end,'to the law; it removes the'law entirely. 

a suspension holds the law in abeyance; the law still 

exists but its operation is suspended ?or the period 

of time mentioned in.the suspension statute. Hden88en 

v. State of Colorado, 23 Pac. 995, Memaugh v. City of. 

Orlando, (Fla.) 27 so. 34. In our opinion Chapter 334, 

Acts 40th Leg. did not repeal Art. 941 P. C, 

It is to be.noted that Chapter 334, page 563 

of the Acts of,the 48th Legislature, Regular Session 

was expressly repealed by the 49th Legislature, Acts 

1945, Regular Sessioh. Chapter 209 of Actsof the 49th 

Legislature, Page 289, Sec. 14, at page 290, provides: 
__ 

non. Howard D. Dodgen, Page 3. (V-604.) 

“for the repeal of Sec.334, Acts of the 

Regular Session of the 48th Legislature." 

49th 

Section 1 of Chapter 273, page 431 of the 

Legislature, Regular Session, again expressly states: 

"That Chapter 334, Acts of the 48th Legislature, 1943, be, and the same is hereby repealed." 

The repeal of Chapter 334 of the 48th Legislature, removes the suspension of Penal Code, Article 

941, and it is again in full force and effect. 

SUMMARY 

Chapter 334 of the Acts of the 48th Legislature, Ri S. suspending *for a period of two (2) 

years or for the duration of the war" certain portions of Penal Code, Art, 941, was repealed by 

Acts ,of,the 49th Legislature, Chapter 209, page 

289, and Chapter 273, page 431. Art. 941, Penal 

Code, .is now iufull force and effect. 

Very truly yours, 

ATTOINEYGRNVRAL~OF TEXAS 

,DW:owp 

'David, Wuhtch 

Assistant 

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