Honorable James U. Cross 

Executive Director 

Parks and Wildlife Department 

John H. Reagan Building 

Austin, Texas 78701 

Dear Qeneral Cross: 

Opinion No, M- 956 

Re: Whether it is lawful for 

any person to make use of 

a dog or dogs In hunting 

of or pursuing, or taking 

deer in San Augustine County, 

Texas, and related questions. 

Your request for an opinion asked the following 

questions: 

"(1) Is It lawful for any person to make 

use of a dog or dogs in hunting, of or pursulng, 

or taking deer in San Augustine County, Texas? 

"(2) Is it lawful for persons to use dogs 

for the purpose of trailing wounded deer In San 

Augustine County?" 

Senate Bill 1025, Acts of the 62nd Legislature, Regular 

Session, 1971, Chapter 543, Page 1855, passed the Legislature May 

24, 1971. It amends Article 880, Vernon's Penal Code, to read as 

follows: 

tlSection 1. It is hereby declared unlawful 

for any person or persons to make use of a dog or 

dogs in the hunting of or pursuing or taking of 

any deer. Any person or persons owning or controlling 

any dog or dogs and who permits or allows such dog 

or dogs to run, trail, or pursue any deer at any 

time shall be deemed guilty of a misdemeanor, and 

upon conviction shall be fined in any sum of not 

less than Twenty-.five Dollars ($25), and not more 

than Two Hundred collars ($200); provided, however 

that this article shall not apply to the Counties 

of Brazoria, San Augustine, and Fort Bend. And, 

provided further, that it shall be lawful to use 

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Hon. James U. Cross, page 2 (M-956) 

dogs for the purpose of trailing a wounded deer 

in the Counties of Concho, Jones, 'Zapata, and 

Angelina. 

"Sec. 2. Nothing in this article affects 

the provisions of the Uniform Wildlife Regulatory 

Act. /-Article 9783-1, Vernon's Penal Code--not 

applicable to San Augustine CountyT 

This Senate Bill also amends House Bill 435, Acts of 

the 55th Legislature, Regular Session, 1957, Chapter 171, Page 

366 and provides: 

'Section 1. It shall be unlawful for any 

person to hunt, trap, ensnare, kill or attempt to 

kill, by any means whatsoever, any wild deer, buck, 

doe, or fawn in San Augustine County in the State 

of Texas, except, however, that it shall be lawful 

to hunt and kill wild buck deer in San Augustine 

County between and including the Saturday nearest 

November 15 and the first Sunday in January; except 

that if the first Sunday in January occurs after 

January 4, the last day of the open season is 

January 1." 

House Bill 860, Acts of the 54th Legislature, Regular 

Session, 1955, Chapter 440 provides: 

"It shall be unlawful for any person to make 

use of a dog or dogs in the hunting or of pursuing 

or taking of any deer in San Augustine County. 

Any person owning or controlling any dog who permits or allows such dog to run, trail, or pursue 

any deer at any time shall be deemed guilty of a 

misdemeanor, and upon conviction shall be fined 

in any sum of not less than Twenty-five Dollars,, 

($25) nor more than Two Hundred Dollars ($200). 

Said Act also provides: 

"It shall be unlawful for any person to hunt, 

trap, ensnare, kill or attempt to kill, by any 

means whatsoever, any wild deer, buck, doe or 

fawn in San Augustine and Sabine Counties in 

the State of Texas, provided, and except however, 

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Hon. James U. Cross, page 3~ (M-956) 

that it shall be lawful to hunt and kill any 

wild buck deer In said Counties between 

November 16th and December 31st, both dates 

Inclusive, of each year.' 

Senate Bill lo25 being the latest Act relating to 

hunting deer in San Augustine County will control over the provisions of House Bill 860, Acts of the 54th Legislature. Ex 

parte De Jesus De La 0, 227 S.W.2d 212, (Tex.Crim. 1950). - 

In this connection it is noted that the caption to Senate 

Bill lo25 reads, in part, as follows: 

'An Act relating to allowing hunting with 

dogs in San Augustine County; extending the open 

season for th$ taking of deer in San Augustine 

County; . . . 

You are therefore advised that it is lawful for any 

person to make use of a dog or dogs In the hunting of or pursuing 

or taking of any deer in San Augustine County during the open 

season provided in Senate Bill 1025. Likewise it is lawful for 

persons to use dogs for the purpose of trailing wounded deer in 

San Augustine County during the open season provided in Senate 

Bill 1025. 

SUMMARY 

It is lawful for any person to make use of 

a dog or dogs in the hunting of or pursuing or 

taking of any deer In San Augustine County during 

the open season provided in Senate Bill 1025, 

Acts of the 62nd Legislature, Regular Session, 

1971, Chapter 543, Page 1855. Likewise It is 

lawful for persons to use dogs for the purpose 

of trailing wounded deer in San Augustine County 

during the open season provided In Senate Bill 

1025. _/ i 

Yesjl trulylours, 

Attorney Oeneral of Texas 

Prepared by John Reeves 

Y 

Assistant Attorney General 

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. 

\ 

Hon. James U. Cross, page 4 (M-956) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bart Baling 

Gordon Cass 

Austin Bray 

J. C. Davis 

SAM MCDANIEL 

Acting Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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