Honorable James U. Cross

Executive Director Parks and Wildlife Department John H. Reagan Building Austin,Texas 78701

Dear Qeneral Cross: OpinionNo, 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 AugustineCounty,Texas? "(2) Is it lawful for persons to use dogs for the purpose of trailingwounded deer In San Augustine County?" Senate Bill 1025,Acts of the 62nd Legislature,Regular Session, 1971, Chapter 543, Page 1855, passed the LegislatureMay 24, 1971. It amendsArticle 880, Vernon's Penal Code, to read as follows: tlSection 1. It is hereby declaredunlawful 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 suchdog or dogs to run, trail, or pursue any deer at any time shallbe deemed guilty of a misdemeanor,and upon conviction shallbe fined in any sum of not less than Twenty-.five Dollars ($25),and notmore 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 shallbe lawful to use

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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 theUniform Wildlife Regulatory Act. /-Article 

### 9783-1,Vernon's Penal Code--not applicable to San Augustine CountyT This SenateBill also amends House Bill 

### 435,Acts of the 55th Legislature,Regular Session, 1957, Chapter 171, Page 

### 366and provides:

'Section 1. It shallbe 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 shallbe lawful to hunt and kill wild buck deer in San Augustine Countybetween and including the Saturdaynearest 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 shallbe unlawful for any person to make use of a dog or dogs in the hunting or of pursuing or taking of any deer in SanAugustine County. Any person owning or controllingany dog who permits or allows suchdog to run, trail, or pursue any deer at any time shallbe deemed guilty of a misdemeanor, and upon conviction shallbe fined in any sum of not less than Twenty-fiveDollars,, ($25)nor more thanTwo Hundred Dollars ($200). Said Act also provides: "It shallbe 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 excepthowever,

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### 3~ (M-956)

that it shallbe lawful to hunt and kill any wild buck deer In said Countiesbetween November 16th and December 31st, both dates Inclusive,of each year.' Senate Bill lo25being the latestAct relating to hunting deer in San Augustine Countywill 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:

'AnAct relating to allowinghuntingwith dogs in San Augustine County; extending the open season for th$ taking of deer in San Augustine County;
. . . You are thereforeadvised 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 seasonprovided in Senate Bill 1025. Likewise it is lawful for persons to use dogs for the purpose of trailingwounded deer in San Augustine County during the open seasonprovided 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 Countyduring the open seasonprovided in Senate Bill 1025, Acts of the 62nd Legislature,Regular Session, 1971, Chapter 

### 543,Page 

### 1855. Likewise It is lawful for persons touse dogs for the purpose of trailingwounded deer in San Augustine County during the open seasonprovided In SenateBill 1025. _/ i Yesjltrulylours,

Attorney Oeneral of Texas Preparedby John Reeves Y AssistantAttorney General -4683-. \

Hon. JamesU. 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
ALFREDWALKER Executive Assistant NOLA WHITE First Assistant

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