“. . 

WE ,L~TTORNEY GENERAL 

OFTEXAS 

March 27, 1972 

Honorable Bill Warren opinion No. M-1182 

County Attorney 

Shelby County,~ Courthouse., Re: Whether it is lawful 

P. 0. BOX 627 for any person to make 

Center, Texas 75925 use of a dog or dogs 

in hunting, pursuing, 

or taking deer: in any 

portion of Shelby 

Dear Mr. Warren: County, TexasYou have-requested, an opinions of this office on the 

following,,-question, rephrased: 

Whether it-is lawful for any person to make 

use~of a dog or:dogs.-inhunting, pursuing, or 

taking deer fin any portion of Shelby County,, Texas? 

The answer to your question requires us to consider and 

harmonize: two different acts:of,.the.~legislature. 

These are: 

(1) Article 880, Vernon's Penal Code, first enacted in 

1925, and last.amended-.by~Acts 62nd Leg. R.S. 1971, Ch. 543, 

p. 1855 reads as follows: 

"Section 1. It is hereby declared unlawful 

for any person.-or personseto~make use of a dog or 

dogs,.in the:.hunting-of~.our pursuing~or taking of 

any deer,. Any,:personor~,persons owning or controlling,any dog*-or- dogs and~who permits or allows 

such.:dog*.or.dogs::to.,.,run; trail, or pursue zany deer 

at.any:.~time:sha3.l:be:deemed guilty of a misdemeanor, 

and~upon:convictionshall:~be,'fined ,~in-any sum 

ofnot, lessthanTwenty-fives Dollars ($25), and 

not more than;-Two-Hundred-Dollars ($200); provided;.however;;:.that~ this.-article~shallnot ~apply 

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Honorable Bill Warren, page 2 (M-1102) 

to the Counties of~Brasoria, San Augustine, and 

Fort Bend., ~And,;,.provided,further, that it shall 

be.Xawful,to~ uses dogs for-the. purpose of trailing 

a wounded-deer in.the Counties of.Concho~;Jones, 

Zapata, andbngelina. 

(2) Article, 88Ob,, Vernon's Penal,Code, (Acts 55th Leg. 

2nd C~;S., 1957 Ch. 13, p. 170): 

"Sec. 1. It shall be,unlawfulfor any 

person,to‘make use-of a dog.-or dogs in the ,hunting 

of'or ~pursuing.or-taking of-~,any deer in that 

portion of,Shelby-County,,Texas lying and being 

situated:South..and.West~ of,U.S.'Highways 59 and 

96,,and being that portion of Shelby County lying 

South. and West of,the public,,highways leading 

from.Carthage,inPanola.County, Texas. through 

Tenaha. and-Centeq in Shelby County, Texas, to 

San Augustine, in San,Augustine~ County, Texas at 

any time." 

The, provisions~of Article 880 state generally that it 

shall,be,-unlawful. for'any'person-to.usedogs in the hunting 

of,or.~pursuing or taking of zany-deer.~ Certain counties are 

exceptedfromthe,~application of,.Article 880,but Shelby 

County~fs--not-one...of. those~counties: Article 880b, provides 

that it shall,be ~unlawful.for ~anyone'to- use dogs in the 

hunting-of or pursuing ortaking of deer in a specified 

portions of Shelby County. 

In construing a'statute a~court is not restricted to the 

body.of the.statute.~ It may refer to~otherprovisions, such 

as the-caption. ,The'title may. show the legislative intent. 

53 Tex$Jur. 248, "Statutes",Section 168. 

Every provision, clause, or word-of an act wills be construed with, reference-to, its leading idea, orgenexaf purpose, 

and~broughtso far.as~,possPble. %ntoharmony~,therewith. Thus, 

where a.statute-,is,desPgned. to afford a remedy for existing 

evils; it should.be,-given, such interpretation as will afford 

a reasonable,.remedy; ~"Contrariwise:, a construction- that is 

repugnant to,~the object of~the law or that,will defeat, 

thwarti'or.unduly~limft its,plainpurpose, will be avoided. 

53 ,Tex.Jur;2d; p.237; "Statutes",Sec. 163. 

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. . 

Honorable Bill Warren, page 3 (M-1102) 

It is therefore most significant to view the language 

of the caption and-other.language,in the body of Article 

880b, as enacted.in 1957, to determine whether the legislature intended to impliedly authorize the use'of dogs in 

hunting of deer in a portion of Shelby County, thereby 

creating an exception to, the general, provisions of Article 

880. The caption reads as follows: 

"An Actmaking,it unlawful for any person to 

make use of a dog ordogs in then hunting, pursuing, 

or taking of any deer in the South and West portion 

of Shelby County, Texas, at any time; providing 

penalties for violation of this Act; and declaring 

an emergency. v 

Sections 3 of the Act,~the emergency clause,lreads: 

"The fact that-,the,deer.population of Shelby 

County,is being rapidly depleted through the use 

of dogsin hunting in that~ county, thereby making 

it necessary that immediate measures be taken for 

the conservation of these animals, treats an emergency and an imperative public necessity . . . fl 

In applying the above rules of statutory construction as 

would best, show the legislative intent, it,is apparent that 

the legislature has by Article 880 and 880b expressly prohibited the hunting of deer with dogs in any portion of 

Shelby County at.any time. To construe Article 880b to 

impliedly authorize the use of dogs in hunting of deer in a 

portion of Shelby County, as an exception to Article 880 

would be wholly fnconsistent,with the language of the Act 

and in effect would contribute to the expressed evil which 

the Act seeks to suppress, "the depletion of~the deer population through the use of dogs in hunting in Shelby County." 

' Acts 55th Leg., 2ndC:S. 1957, Ch.13, p.170. 

-' 53 7 8 '^ 
Honorable Bill Warren, page 4 (M-1102) 

The amendment of Article 880, the general law statute, 

as recently as 1971, without any exception for Shelby County, 

futther supports the view-expressed above. 

You are therefore.advised that.it is unlawful for any 

person~to make use of a dog or dogs in the hunting of or 

pursuing-or taking of deer in,any portion of Shelby County. 

S U:M, M A R Y 

,It is unlawful for any person to make use 

of a dog or dogs in the hunting of or pursuing 

or taking of deer in any portion of Shelby County, 

Texas, at any time. 

Prepared by Guy C. Fisher 

Assistant~,Attorney,General 

APPROVED: 

OPINIQN~COMMITTEE 

KernsTaylor,.Chairman 

W. E. Allen, Co-Chairman 

Sally Phillips 

Harriet Burke 

San Jones 

Scott Garrison 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE, 

First Assistant 

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