:: 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Hal F. Raohal 

Assistant County Attorney 

Hueoes Oountg 

Corpus Chrlsti, Texas 

Dear Sir: 

Receipt ,of' your 

to.the proper oonstrwtlon 

pI 372, General and Speoial. 

la h6reby @oknovledged, 

ng a Line from said.polnt on 

stake or marker on Mustang 

Island, one mile'north of Gorputi Christi Pass, 

tn the eveht both of atiiid'boundariaa should not 

0olnoideP 

"2. Does the term Gorpua Chrlsti 

Pass', as used in SenateBill 317, mean only 

that portion of the Pawwhioh oonneots the Gulf 

of Mexico with Laguna Madre, OF doea it mean the 

-Ron. Hal. F. Rachel, page 3 

"If the stake OP marker is situated 

:~..~a& apoint one mile as near Borth as possible 

from the opening of Corpus Christ1 Pass and the 

Corpus Christi Bay, then such stake OP marker 

wquid be almost due east of the stake or marker 

on Flour Bluff, but such stake or marker oould 

not be looated due north of auoh mouth of the 

Pass, but on the contrary, would be situated 

about north northeast of the mouth of such 

Pass." 

Section 1 of Senate Bill 317, supra, reads in part: 

!Be It enaoted by the Legislature of 

the State of Texas: 

?%GtiOZl 1. It shall bcunlavful for 

owjg. 

:,- : 

. . . For~alarlty, we co&& ~0.65 -a&iqnd-tind &rd 

:' .' .quei0~ .ri.w. : ~ 

iU%ioie 941, P . C . was in eff &ct uhun senate ' 

Bill 317:vas passed and seems to be %nLne?feoC.at this Mine. 

"we.&,ru tunable to find any notatL& to theeffeat that &wh 

It mrty'be'consldered ih oonnection with' 

it def*:es: uGorpua Owqti Pass" 

as follows: 

Az%,ole 941 L-0. reads in part 

"C0rpua Christ1 Pass, leading. from 

. . 

i&pus ChrIsti~Bag to the Gul? of .Nekfexico; Braeos 

Santlage Pass, leadlng from the Lower Laguna 

#a&e to the Gulf oij$exi.co. . . .," 

In dur oplfion these aots ahMId be construed 

in par1 materla and that 161 follows that "Corpus Christ1 %ass" 
Hon. Hal. F. Raohal, page 4 

mentioned in Senate Bill 317 means the pass conneotlng Corpus 

Chrliitl:Bay tith the Gulf of .l&xloo. !Chls inference I? 

supported by the fact stated $n your lottor,;.+ha$ a point on 

Mustang Island approxlmatel &o&h of that pass i-9 almost due 

east of Flour Bluff, which 5 enate Bill 317, supra, fndica.tes 

to be true. 

Armrering'your third qwstion, I+ la our 

oplnlon that the stake OP marker on Idustang;I:Jsland one mile 

north of Corpus Christ1 Pass should be plaoed at a point on 

Mustang Island one mile as near north of said pass as possi61s rather than due north of 'said pass but not on Mustang 

Island. 

Eon. Hal F. Iiachal, page 6 

recting the immediate de~truotion of such 

skins, strike net, gill dot, tr*mmel net, 

~rIsbriqp trawl by the Sh@.fS or oonstable 

of the county where the a&se was tried, and 

the Sheriff or constable of.theaounty shall 

lmmedlatelg destroy such seine, strike net( 

illpet; 'trammel net, or -flbrtip trawl. . .' 

7' Bmphasla ours) 

de we oonetrue the above quoted language, 

the Leglalature eeemfi to provide for destruotion of seines 

etc. In theaaae of a oonviotion under 'that partloular 

artio le. We are unable to find any provision in Senate 

15111 317 or any other statute jrrhioh,.in our judgment, 

oould require or ,permlt a destruotlon of the seines eta. 

in the ewmt of a conviction lmder Senate Bill 317.