.

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 ofthis office onthe 

### 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, uponjudgments recovdred by him; and the clerk ofthe court inwhich saidjudgments are rendered shall be entitled to five per ce,ntof the amount of saidjudgments, to be paid out of the amount when collected.” Article 951,V.C.C.P., provides as follows: *The sheriff or other officer, except ajustice ofthe peace 

### or his clerk, who collects money for the State or county, exceptjury 

### fees, under any provision of this Code, shall be entitled to retain five 

### per centthereof when collected.” Articles 895, 895a, and 912,V.P.C., deal with the dispostt{on to be made ofmoney collected from licenses, fines and penalties in consequence of violations of the laws relating to preservationHon. Howard D. Dodgen, page 2 (V-1022)

and conservation of game animals and game birds.

Article 895, V.P.C., (Acts 39thLeg., 1925,ch. 172, p. 387), provides:

Y 0a. Said license stubs and 

### penaltier and forfeiture of bonds imposed and collected for violation of any ofthe provisions 

### ofthis chapter, #hall belong tothe 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 39thLeg., 1925,ch. 172, p. 387). provides:

“It shall be the duty of anyjustice 

### of the peace, clerk of any court, 

### or any other officer ofthis State, receiving any fine or penalty imposed by any court for violation tof any 

### ofthe laws ofthis 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 tothe ,Game, Fish and Oyster Commission at Austin, giving docket number D

. . 0 Article 895a, V.P.C., (Acts 51stLeg,, 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 amprovided 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 inthe State Treasury

. D

. 0* It is’thus to be observed thatArticles 895, 895s. and 912,supra, do not specify a designated amount **or** percentageHon. Howard D. Dodgen, page 3 (V-1022)

for remittance to theG&rne,‘F.ish and Oyster Commission. Such being true it is our opinion that the provisions ofArticles 950 and 951,V.C.C.P., are applicable, andyou 

### 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 39thLeg., 1925,ch. 177, pa436), 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 ofthe State during the first week of each month, and shall be credited to such special game fund for the enforcement ofthis 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 ofArticles 950 and 951,V.C.C.P. 2 Sutherland Statutory Construction (3rd Ed. 1943) 541; Townsend v. Terre& llg Tex. 463, 16S.W.2d 1063(1929); > Canales v. Laughlin, 147Tex. 169,214S.W.Zd 451(1948). You are therefore advised that the Game, Fish and Oyster CommissionHon. 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 andwholesale dealer6’ licenses, and commercial fishing intidal waters. There being nomaterial bii difference inthe language and purpose 

### ofthese’pr,ovisions the construction given onewill be equally applicable to the other. Itwas stated inAttorney General’s Opinion No. O6334, datedJuly 23, 1943,that:

‘The language of,Section 0 ofArticle 9344 requires the remission of ‘all moneys collected becaune offines 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 ofthe provisions ofthe 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 ofwhich 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 4025of the Revised Civil Statutes &it controls the disposition of all moneys collected as fines for violation of the commercial fishing law.” Section 11ofArticle 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 ofthis Act or because of fines paid for violation ofthe provisions of this Act s&U be remitted to the Game, Fish,and Oyster Commission

. 0e 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 ofArticle 934a (Commercial Fishing Law), %P.C.“.

Therefore, under the mCommercial Fishinn Law” all ofthe fines assessed and collected should be remitted to Urr Geme, Fish and Oyster Commission,

The general statutory provision which relates to disposition ofmoneys collected for infractions ofthe *Fish and Oyster Law” is Article 4025, V.C.S., which provides:

“Of all fines collected for infraction ofthe fish and oyster laws, ten per cent shall go to the prosecuting attorney, and the residue thereof shall go to the general fund ofthis State 0oQOpo Section 8 ofArticle 4032b, V.C.S,, Acts 51stLeg., R.S. 1949,cb. 466, pa864, is anAct pertaining’to fresh water fishing licenses andprovides:

““Allmoney 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 

### offresh water fishtng laws not otherwise disposed ofby law, after deduction of fees allowed by law. shall be remitted to the Game, Fish and Oyster Commission D0Q=w Section 8 ofArtMle 978L-5, V,P.C., enacted by the same 51stLegislature as above, reiktbg to Lake Texcuna fishing licenses provides: “Any person violating any provision of this Act. 00and thenet amounts of fines so collected shall be remitted to the Game, Fish andOyster Commission

. oD0DoHon. Howard D. Dodgen, page 6 (V-1022)

It is our opinion thatthe Legislature intended for the general provisions ofArticle 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 ofmore specific provisions for the disposition ofpenalties; 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 51etLeg., 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 onthe arrest of any State Game Warden shall be paid into the special Game Fund ofthe State of Texas.” This is clearly a provision under Title 17,V.P.C., relating to offenses against property and not a part ofthe
. “Game and Fish Laws.” It is our opinion thatArticles 950 and 951,V.C.C.P., will apply tothe fines 

### under this 

### Act, exceptwhen arrest is made by a State Game Warden, Inthis latter case, the entire fine assessed and collected should be rwmittcd to the Special Game Fund.
SUMMARY Perceatum offines &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 1.r

and 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. andArt. 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

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