E 

### ENElZAL

June 10, 1960

Honorable H. D. Dodgen Executive Secretary Game & Fish Commission Austin, Texas OpinionNo. WW - 846

Be: Under the provisions of Article hO75b,V.A.C.S., as amended, is the Game and Fish Commissionrequired to issue a Commercial Bay-Bait Shrimp Boat license to any personwho, for a valid reason, was unable or failed to make application during the months of January & February?

Dear Mr. Dodgen:

You requested the opinion of this Department in a letter inwhich two question6were posed:

"(1) Is the Game and Fish Commission required to issue Bay-Bait Shrimp Boat licenses to persons requestingto buy said licensesprior to the months of January and Februarywho failed to make the required remittanceand renew the applicationduring the months of January and February?
"(2) Is the Game and Fish Commissionrequired to issue a Commercial Bay-Bait Shrimp Boat license to any person who, for valid reason,was unable to or failed to make application during the months of January and February?"

House Bill 12, Chapter 

### 187,Acts of the 56th Legislature,Regular Session, 1959, now found in Vernon'sAnnotated Civil Statutes of Texas as Article 4075b, provides in part as follows:Honorable H. D. Dodgen, Page 2. (ww - 846)

"Sec. 5. It shallbe unlawful for any Commercial Bay-Bait Shrimp Boat to be used for the purpose of taking or catching,or assisting in taking or catching, shrimp from the insidewaters of Texas, without the
owner thereof having first procured a license, to be known as a CommercialBay-Bait Shrimp Boat License, from the Commissionprivileging suchboat to be so used within the insidewaters of Texas. The fee for a Commercial Bay-Bait Shrimp Boat License shallbe Thirty Dollars ($3X?)

and such License shallbe issued for a period of one (1) year and shall expireMarch 1st of the year following the date of issuance,and shallbe secured from and issuedby the Commission only during the months of January and February of each year; the License shall include the right to use, operate and tow within the insidewaters of this State all shrimp trawls with which said boat is equipped,the use of which is not otherwise prohibitedby Law, without the payment of any additional trawl licensewhatsoever, and saidboat shallnot be required to also have a "CommercialFishing Boat License"
as providedby Section 3 of Chapter 68 of the Acts of the Fifty-first Legislature of Texas, Regular Session, 1949,
or other Statutes of this State; but the captainand each member of the crew of saidboat shallbe requiredto have
a CommercialFisherman's License issued by the Commission, and saidboat shallbe requiredto be licensedas a Commercial Gulf Shrimp Boat in order to operate \<it.hin the outside waters of this State; the Commercial Bag-8it Shrimp Boat License shallbe a metal or plastic sigc or emblem, of prescribed and uniform characterand of a different color or design for each year, at least thirty-t,iro (32) square inches in size, of a distinguishablecharacter, color snd design different from the emblem required of a CommercialGulf Shrimp Boat, issuedby the Commission, and shallbe prominently displayed on the bow, outside of the wheelhouse, or at other designatedpoint on the outside of saidboat as specifiedhy said Commissionand
on each side of said boat, evidencingthe payment of such Boat License." (Emphasisadded.)

In granting a license, the Legislature is merely granting a privilege and not a property right and the Legislaturebaasthe authority to deny the granting of any licensewhatever. Obviously, the legislative intent,as evidenced inArticle 4075b, shouldbe directed for the purposes of conseming and protecting the shrimp resources of the State from depletionandHonorable H. D. Dodgen, Page 3, (NW - 846)

waste and to achieve fair, impartial,and uniform law enforcement.

The Legislaturehas enactedmany laws limiting the time in which a licensemight be issued or a claimmight be prosecuted, such
as a claim for refund of tax on motor fuel provided inArticle 70658, V.A.C.S. This Department has written numerous opinions relating to the subject of Legislative authorityto limit the time. Some of such opinionsmay be cited as: NO. V-721, NO. 0-3850, and NO. o-223. In such opinions it has been consistentlyheld by this Departmentthat the privileges granted and affixed by law are strictly construed,and the time limitprovided therein shallbe maintained, and the time for the granting of suchprivileges shall be strictlyenforced. The Legislature has clearly stated a limitation for the issuance of such a license & during the months of January and February of each year.

In determiningthe intent of the Legislature,the particular meaning dependsupon, and must be de-:ermined by, the context and subject matter. One of the primary and settledrules of constructionis that words in commonuse, when contained in a statute,will be read according to their natural ordinary and popular meaning, unless the contrary intent is clearly apparent from the context, or unless there is somenecessity, in a particular case, for adopting a different construction. The ordinary significanceshallbe applied to words, and similarprovisions are found in the Penal Code and the Code of CriminalProcedure.

"When the language of a statute is unambiguous, a court is not justified in departing from the commonly acceptedmeaning of words found therein, for reasons of public policy, or because of the consequencesof a constructionthat observe the conventionalmeaning of such words.

"In particular,words used in a penal statute shouldnot be broadened or extendedbeyond their ordinarymeaning. But, this, of course, does not preclude a court from taking into considerationthe context and the subjectmatter of the statute." (39Tex. Jur. 197,198) Answering your two questions submitted,and basing our answers on the principles hereinabovediscussed, it is the opinion of this Department that the Game and Fish Commission is without authority to issue a Bay-Bait Shrimp Boat license to any person except during the months of January and February. Due diligence upon the part of the license applicant is requiredby law, and one who has failed to apply in accordance with the provisions of law is not entitled to a license,and the Game and Fish Commission has no authority to make exceptionsto the law.- .

Honorable H. D. Dodgen, Page 4. (ww - 846)

However, it is the opinion of this Department that if a person applies fpr a license and remits his money therefor prior to the first of January that the Commission shouldhold the same in suspenseuntil after the first of January and then issue such license, the issuance of which is prohibited except during the months of January and February. The good faith of the applicant and his diligence in applying is recognized and the license should issue during the proper months.

SJMMARY

The Game and Fish Commission is not required,nor does it have the authority to, issue a Commercial Bay-&it Shrimp Boat license to any person except during the months of January and February.

Yours very truly,

WILL WILSON Attorney General of Texas

By: Harris Toler Assistant

BT:ca

APPROVED:

OPINION COMMITTEE:

W. V. Geppert, Chairman

John Reeves Charles Cabaniss Mary K. Wall B. H. Timmins

REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore