. 

Hon. Howard D. Dodgen 

Executive Secretary 

Game, Fish and 

Oyster Commission 

Austin, Texas 

Dear Sir: 

Opinion No. V-1022 

Re: Commissions allowed 

from fines for violations of the Game, Fish 

and Oyster laws. 

You request the opinion of this office on the following 

question: 

“What percent of the fines collected for violations of game, ,fish, oy~ster, fur, trespass and licensing laws should be remitted to the Game, Fish 

and Oyster Commiasion? * 

Article 950, V.C.C.P., is a general statute cnncerning 

“Commissions on collections,” and reads as follows: 

“The district or county attorney shall be entitled 

to ten per cent of all fines, forfeitures or moneys 

collected for the State or county, upon judgments recovdred by him; and the clerk of the court in which 

said judgments are rendered shall be entitled to five 

per ce,nt of the amount of said judgments, to be paid 

out of the amount when collected.” 

Article 951, V.C.C.P., provides as follows: 

*The sheriff or other officer, except a justice 

of the peace or his clerk, who collects money for 

the State or county, except jury fees, under any provision of this Code, shall be entitled to retain five 

per cent thereof when collected.” 

Articles 895, 895a, and 912, V.P.C., deal with the dispostt{on to be made of money collected from licenses, fines and penalties in consequence of violations of the laws relating to preservation 
Hon. Howard D. Dodgen, page 2 (V-1022) 

and conservation of game animals and game birds. 

Article 895, V.P.C., (Acts 39th Leg., 1925, ch. 172, 

p. 387), provides: 

Y 0 a . Said license stubs and penaltier and 

forfeiture of bonds imposed and collected for 

violation of any of the provisions of this chapter, 

#hall belong to the ape&al game fund of this State, 

and shall be paid over by the Game, Fish and 

Oyster Commisrioner, to the State Treasurer 

during the first week of each month, . . . 0m 

Article 912, V.P.C., (Acts 39th Leg., 1925, ch. 172, 

p. 387). provides: 

“It shall be the duty of any justice of the 

peace, clerk of any court, or any other officer 

of this State, receiving any fine or penalty imposed by any court for violation tof any of the laws 

of this State pertaining to the protection and conservationofrild birds, wild fowl, wild animals, 

fish, oysters, and other wild life, within ten days 

from and after receipt or collection of such fine 

or penalty, to remit same to the ,Game, Fish and 

Oyster Commission at Austin, giving docket 

number D . . 0 

Article 895a, V.P.C., (Acts 51st Leg,, R.S. 1949, ch. 

369, p. 704), provides: 

“Sec. 6. The method of collecting, recording, 

reporting and remitting the fees derived from 

sale of licenses provided for herein shall be the 

same am provided by law for other hunting licensea; 

and all moneys riceived by the Game, Fish and 

Oyster Commission from sale of big game hunting licenses, as well as moneys collected from 

violations of this Act, shall be deposited in the 

State Treasury . D . 0* 

It is’thus to be observed that Articles 895, 895s. and 

912, supra, do not specify a designated amount or percentage 
Hon. Howard D. Dodgen, page 3 (V-1022) 

for remittance to the G&rne,‘F.ish and Oyster Commission. 

Such being true it is our opinion that the provisions of Articles 

950 and 951, V.C.C.P., are applicable, and you are advised that 

the net amount to be received by you is eighty-five per cent of 

the fine, or eighty per cent if collection is made under Article 

951. This conclusion is in accord with Opinions O-578, and 

o-7317, both by a former Attorney General. We find no legislative enactment requiring a revision of those opinions relative 

to game animals and game birds, 

Articles 923qq, 923q, Section 13, and 923qa, Section 7, 

V.P.C., are found within the same Title and Chapter, i.e., Title 

l3, Chapter 6, as the above quoted articles; however, their concern is fur-bear&g animals, and the Legislature has seen fit 

to treat them apart from other game animals. 

Article 923qq, V.P.C., (Acts 39th Leg., 1925, ch. 177, 

pa 436), provides: 

*All moneys collected from the fines and 

penalties for violation of this Act, and all moneys 

collected from the sale of trapper’s licenses shall 

belong to the special game fund of this State, and 

shall be paid over by the Game, Fish-and Oyster 

Commissioner to the Treasurer of the State during the first week of each month, and shall be 

credited to such special game fund for the enforcement of this Act and the game laws in general, provided county attorneys shall receive ten 

per centum and officers making collections fiv7 

per centum of any fines or fine assessed forxationofthis Act.* 

opinion). 

(Emphasis added throughout this 

The above quoted statute contains a specific provision 

designating the amounts to bs deducted from the fine or fines assessed for violations of the Act dealing with fur-bearing animals 

and would control over the general provisions of Articles 950 and 

951, V.C.C.P. 2 Sutherland Statutory Construction (3rd Ed. 1943) 

541; Townsend v. Terre& llg Tex. 463, 16 S.W.2d 1063 (1929); > 

Canales v. Laughlin, 147 Tex. 169, 214 S.W.Zd 451(1948). You are 

therefore advised that the Game, Fish and Oyster Commission 
Hon. Hovard D. Dodgen, page 4 (V-1022) 

should receive eighty-five per cent of fines assessed and 

collected under the above Articles. 

Articles 934a and 934b-2, V.P.C., deal with commercial fishermen and wholesale dealer6’ licenses, and commercial fishing in tidal waters. There being no material b ii 

difference in the language and purpose of these’ pr,ovisions 

the construction given one will be equally applicable to the 

other. 

It was stated in Attorney General’s Opinion No. O6334, dated July 23, 1943, that: 

‘The language of, Section 0 of Article 

9344 requires the remission of ‘all moneys 

collected becaune of fines paid for violations 

of the provisions of this Act.’ 

“This language does not require the rey 

mission of costs of court assessed and collected 

as such. It does, however, require all fine6 to 

be remitted in full to the Game, Fish and Oyster 

Commission. All moneys collectdd . . . bec,ause 

of fines paid . . . does not admit of any interpretation save that the intent of the legislature was 

to require the whole cum ‘collected as a fine for 

violation of the provisions of the commercial 

fishing law to be remitted to the Game, Fish and 

Oyster Commission. Since this is a special proviaion controlling the disposition of a particular 

fine, and sinee the law of which this language 

forms a part was enacted by the Legislature, 

and became effective after Articles 950 and 951 

of the Code of Criminal Procedure and Article 

4025 of the Revised Civil Statutes &it controls 

the disposition of all moneys collected as fines 

for violation of the commercial fishing law.” 

Section 11 of Article 934b-2, V.P.C., (Acto Slat Leg., 

R.S. 1949, ch. 68, p. 113). contains the idenWd!lmguaga of 

Article 934a, Section 9, V.P.C. Section 11 provides: 
Hen, Howard D. Dodgen, page 5 (V;lO22) 

“All moneys collected under the provfsions 

of this Act or because of fines paid for violation 

of the provisions of this Act s&U be remitted to 

the Game, Fish,and Oyster Commission . 0 e 0(D 

We held in Opinion V-64, dated March 6, 1947, that 

‘no officer is entitled to a commission on fines assessed for 

violations of Article 934a (Commercial Fishing Law), %P.C.“. 

Therefore, under the mCommercial Fishinn Law” all 

of the fines assessed and collected should be remitted to Urr 

Geme, Fish and Oyster Commission, 

The general statutory provision which relates to disposition of moneys collected for infractions of the *Fish and 

Oyster Law” is Article 4025, V.C.S., which provides: 

“Of all fines collected for infraction of the 

fish and oyster laws, ten per cent shall go to the 

prosecuting attorney, and the residue thereof 

shall go to the general fund of this State 0 o Q Opo 

Section 8 of Article 4032b, V.C.S,, Acts 51st Leg., R.S. 

1949, cb. 466, pa 864, is an Act pertaining’to fresh water fishing 

licenses and provides: 

““All money received from the sale ofllicenses 

provided herein, after the navment of the fees allowed under this Act have been dedusted. and all 

moneys received from penalties assessed for violations of fresh water fishtng laws not otherwise 

disposed of by law, after deduction of fees allowed 

by law. shall be remitted to the Game, Fish and 

Oyster Commission D 0 Q =w 

Section 8 of ArtMle 978L-5, V,P.C., enacted by the same 

51st Legislature as above, reiktbg to Lake Texcuna fishing licenses 

provides: 

“Any person violating any provision of this 

Act. 0 0 and the net amounts of fines so collected 

shall be remitted to the Game, Fish and Oyster 

Commission . o D 0Do 
Hon. Howard D. Dodgen, page 6 (V-1022) 

It is our opinion that the Legislature intended for 

the general provisions of Article 4025, V.C.S., to apply to 

4032b, V.C.S., and to 978L-5, V.P,G,, and that it will control 

in the absence of more specific provisions for the disposition 

of penalties; therefore, the Game, Fish and Oyster Commission should receive ninety per cent of fines assessed and 

collected under the above Acts relating to fresh water fish&g 

and Lake Texoma. 

Our final consideration is Article 1377, V.P.C., as 

amended by Acts 51et Leg., R.S. 1949, ch. 191, p. 368, pertaining to entering inclosed land to hunt or fish, or sometimes, rew 

ferred to as the “Trespass Statute” : 

” * . . Provided that all fines collected under 

the provisions of this Act assessed on the arrest 

of any State Game Warden shall be paid into the 

special Game Fund of the State of Texas.” 

This is clearly a provision under Title 17, V.P.C., 

relating to offenses against property and not a part of the . 

“Game and Fish Laws.” It is our opinion that Articles 950 

and 951, V.C.C.P., will apply to the fines under this Act, except when arrest is made by a State Game Warden, In this 

latter case, the entire fine assessed and collected should be 

rwmittcd to the Special Game Fund. 

SUMMARY 

Perceatum of fines &ollected for violatiolcP 

of game, fur, fish, oyster and trespass laws to be 

remitted to the Game, Fish and Oyster Gommisrton are: 

1. Guno l nfma 1and .r ame b(+d,o 

I 

Arts. 895, 895a, 9 & 

Art, 950, V&W’.) 

, V,P,C.) 

e!q4 

If collected by Sheriff or other 

offiuer ,(A& 951, V,C.C,P,) StrF 

2. Fur -bearing animals 

(Arts. 923qq, 923q,, 925qa, V.P,C,) 05% 
Hon. Howard D. Dodgen, page 7 (VclO22) 

3. Commercial Fishing 

(Art. 934a, 934b-2. V.P.C.) 100% 

4. Fish and oysters 

(Arts. 4025, 4032b, V.C.S. 

and Art. 978L-5, V.P.C.) 

,~ 

90% 

5. Trespass (Art. 1377, V.P,C.) 

Arrest by State Game Warden 100% 

By other officers Arts. 950 

and 951. V.C.C.P) See #l above) 85% or 80% 

APPROVED: 

Ned McDaniel 

State Affairs Division 

Charles D. Mathews 

Executive Assistant 

Yours very truly, 

PRICE DANIEL 

Attorney General 

BY 

Assistant 

VFT:v