TEZEATTORNEYGENEEAL 

QFTEXAS 

Hon. H. D. Dodgen 

Executive Secretary 

OPINION No. c-36 

Game and Fish Commission Re: 

Austin, Texas 

Whether, in hunting and 

fishing ,violations under 

,circumstances which do not 

require-the possession of a 

license, charges must be 

filed in courts other than 

Dear Mr. Dodgen: the justice courts. 

You have requested our opinion on the following question: 

"In hunting or fishing violations-under circumstances which 

do not require possession of a license, must charges be filed 

in other than justice courts?" 

Section 1, of Article 893, Vernon's Penal Code, provides: 

"Any r person charged in any court in this 

State with an offense of,violating any law 

which it is the, duty of the Game and Fish 

Commission to eaforc,eshall have the right 

to have the court or jury before which said 

person is tried either to forfeit the license 

of said person~so charged or to restore,said 

license to said person so charged for the 

remainder of the license period. The court 

shall so state in its judgment whether or not 

the license of,said person is revoked or 

whetheror not said person shall retain same." 

It is clear from the above quoted provision that a 

license is subject to be forfeited by the court whenever a 

person is charged with a violation of "any law which it is the 

duty of the Game and Fish Commission to enforce'!, if the person 

so charged possesses a license, irrespective of,whether the 

hunting or ,fishing violations were undercircumstances which 

do not require possession of a license. It is elementary that 

the court cannot forfeit a non-existant license. 
- - 

Hon. H. D. Dodgen, Page 2 (Opinion No. C-36) 

It has long been established that even though the per-~ 

missible fine does not exceed Two Hundred ($200.00) Dollars, 

jurisdiction of the justice of the peace would not exist where 

an alternative or cumulative form of penalty,could be imposed. 

In Tuttle v. State, 1 Tex. App. 364, Judge White said: 

"Imprisonment in the county jail cannot 

be estimated in dollars, nor c,an it be 

considered in any manner .a pecuniary fine: 

It follows, therefore, .,. . that whenever, 

in misdemeanors, imprisonment may be assessed 

,as an alternative, orpart of the' fine to 

be imposed, justice courts have no 

jurisdiction . . .'I 

It is well established that a justice court does not 

have jurisdiction where the nunishment mav include a.forfeiture 

of hu&ing or~fishing licens;, Ex Parte A: J.~Morris,~,325 S.W.2d 

386 (Tex.Crim. 19591, and Ex Parte Roy,Hotiard, 347 S.W.2d 721 

(Tex.Cri.m.,1961). 

Attorney General's Opinion C-5, (19651, a copy of which 

is enclosed, held that the justice courts,@o not have jurisdiction to try those persons charged with violations,wherein 

Section 1, of ,Article 893, Texas Penal Code, applies, because 

that section makes forfeiture of the license an additional permissible punishment to be included in the judgment. 

You are therefore advised that in every case of a violation of 'Iany law" which it is the duty of the Game and Fish 

Commission to enforce;if the person charged possesses a hunting or fishing license, same may be forfeited. In such-cases 

the justice courts do not have jurisdiction to try same, but 

the county court would have jurisdiction. If the person so 

charged does not possess a hunting or fishing licZ?nse, the 

justice courts have jurisdiction to try same in ail cases where 

the punishment is by, fine not exceeding Two Hundred ($200.00) 

Dollars. 

SUMMARY 

In every case of a violation of "any 

law" which it is the duty of the Game and 

Fish Commission to enforce, if the person 

charged possesses a hunting or fishing 

license, same may be forfeited. In such 

cases the justice courts do not have juris- 

-P52- 
Hon, H. D. Dodgen, Page 3 (Opinion No. C-36) 

diction to try same, but 

would have jurisdiction. . . 

the county court 

If the person so 

a bunting or fishcourts have juris- - . 

cnarged does not possess 

ing license, the justice 

diction to try same in all cases where the 

punishment provided is b fine not exceeding Two Hundred ($200.00 7 Dollars. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

*Gilbert J. Pena 

Assistant Attorney General 

GJP:hd 

APPROVED: 

OPINION COMMITTEE: 

W. V. GeDDert. Chairman 

Murray JordanScott Garrison 

Samuel Strong Pharr 

Malcolm Quick 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

APPROVED: 

Waggoner Carr 

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