OFFICE OF THE Al7ORNEY GENERAL OF TEXAS 

AUSTIN 

. 

Honorable Tom I,. Hartley 

Criminal District Attorney 

Edinburg, Texas 

Dear Sir: Attention: Jaok Ross 

Opinion No. O-3873 

Re: Does Seotion 5 of House Bill 

186 (new.whIte wing and dove 

law) prohibit the hunting, 

taking, shooting or killing 

or wild ducks, or other 

migratory bIrUs, In the prohibited area designated In 

said seotfon? 

ln reply to your letter of recent date requesting 

our opinion on the question stated above, we.deem It proper 

to quote'the.followIng from your letter: 

Y3eotion Five (3) of H. B. No. 186, after 

setting out that portion of the State Inoluded , 

In the prohibited area, reads as follows: 

n*.....and said area Is hereby set aside 

as a nesting and propagating grounds for 

white-winged doves, ohaohalaca and other 

within which area It shell bemw- 

%%t any time to hunt, take, shoot or 

kill eng kind or species of wild ITOWl 

hereinabove mentioned.' 

Qeotion Two (2) of said Bill reads In part 

as follows: 

"*It shall be unlatiul to huntor shoot 

mourning doves, white-winged doves, or a 

migratory bird. or any other game bir -T35 

this State, with a shotgun larger than ten 
Honorable Tom L. Hartley, Page 2 

gauge, and that is capable of holding 

more than three (3) shells at one 

loading - - - -.* 

"The title of said Bill reads In part as 

follows: 

nt - - - - presoribing the time when 

It shall be legal to hunt certain game, 

setting aside certain territory as a 

nesting and propagating ground for oertain game, and prohibiting hunting and 

shooting therein;.......' 

Weotlon 9 of said ~lllreads In part 

follows : 

*I.,..,. and that there Is urgent need 

of setting aside as a game sanctuary the 

area desoribed In this Aot as a nesting 

and propagating grounds wherein all hunting and shooting of game birds and game 

animals shall be prohibited so as to 

oonserve and proteot white-winged doves, 

red-billed pigeona, and ohaohalaoa, and 

other game that neat and propagate In 

said erea, all oreate an emergenay and 

publio necessity* eta. 

as 

*Ii the wording 'hereinabove mentioned' In 

Section Five (5) relates to the entire bill it 

oertainly would include any migratory bird, suoh 

as wild duck. It is my opinion that said language relates to the entire bill. 

*If the wording *hereinabove mentioned' In 

said section Inoludes only 3eotion Five (3) 

there may be some queetion as to the Intention 

of the Legislature, but taking Section Five 

(5) with the title of the Bill * - - - and 

prohibiting hunting and shooting therein; ---* 

and the reference to *other game* In aonnection with the language that follows It, ie, 

that It shall be unlawful * -- at any time to 

hunt, take, shoot or kill any kind or speoiee 
Honorable Tom L. Hartley, Page 3 

of wild fowl hereinabove mentioned' (and also 

taking Into consideration the language of 

Section Nine (9) as set out above) it is my 

opinion that said Seotion Five (5) of said 

Bill prohibits the hunting, taking, shooting 

or killing of wild duoks and other game 

fowls In the prohibited area described." 

For convenience In reference, we Incorporate 

whole of Seotion 5 of the Act under consideration. It 

lows : 

"Sec. 5. That portion of the State lying 

between the Rio Grande River and a line extending from a point on the Rio Grande River North 

along the oomon boundary~line of Zapata and 

Starr Counties to the South.boundary line of 

State Highway 4; thence along the South boundary line of the right of way of state,HIghway 

4 to a point where said South right of way 

boundary Interssots the West boundary of the 

oity limits of the City of Brownsville In 

Oameroh County; thenoe along the West oity 

limits of the City of Brownsville to the 

point where same Interseots the Rio Grande 

River, is hereby recognized as an area In 

whioh white-winged doves and chaohalaca nest 

and propagate; and said area Is hereby set 

aside as a nesting and propagating grounds 

ior white-winged doves, ohachalaoa and other 

ame within which area It shall be unla 

%%y time to hunt, take, shoot, or kI?%y 

kind or speoiea of wild fowl hereinabove men- 

,Eed.* 

the 

folSeotion 1 of House Bill No., 186 prescribes the open 

season for taking of mourning doves and white-winged doves In 

this state. Section 2 fixes the bag limits of such doves. 

Seotion 3 limits the size of guns and number of 

shells to be used throughout the State In hunting and shooting *mourning doves, white-winged doves, or any migratory 

bird, or any other game bird of this state." mere Is no 

lImItatI,on of territory wherein this section o? the statute Is applicable; It applies to all bird hunters within the 

State. 
Honorable Tom L. Hartley, page 4 

Seotion 4 authorizes game wardens to take affidavits; there la no mention of any birds In this seotion. 

From Sutherland on Statutory Construction, we take the 

following quotation; 

*In dealding y:hether words of reference 

are to be understood In the largest or In the 

narrowest sense, whether they extend to the 

whole .*+ to a part only of any act, the oourt 

considers the subjeot matter of the section 

In whioh such words are~found, and oontrasts 

It with that of the preceding sections. Thus, 

where a seotion whioh dealt with a new subject 

used the words tnothing hereinbefore oontained,' 

It was held that the reference was confined 

to matters oontained In that seotion and did 

hot extend to earlier portions of the Act.* 

(Sutherland1 Statutory Construotion, Sec. 257, 

p. 338; Lew 8' Sutherland Statutory Oonatruotion, Seo. 405, p. 789.) 

In Seotion 5, the subjeot matter Is the oreatlon 

of a game preserve, and deals only with Its establishment 

and the limitation of hunting within Its boundaries. It 

is olear to us that the use of the undereoorsd words In 

the phrase White-winged doves, chachalaoa 

Is restrioted by application of the doctrine o 

It Is likewise olear that the 

the final sentenoe of section 5 (it be unlawful 

at any time to hunt, take, shoot, or kill any kind or 

epeoies of wild fowl hereinabove mentioned" hamferenoe 

nl to those mentioned 1 th ti I "white-winged 

loves and ohaohalaoan andnalleo~e~heo%ff&%C "kind or 

speoiea" of same, 

We observe your references to the title and emergenoy alause of the Aot. However, neither the title of a 

statute, nor Its emergency clause has any enaoting foroe. 

The body of the Act controls. Red River National Sank v. 

Ferguson, 109 Tex. 287, 206 3. W. 923, affirming 192 S.W. 

1088; Lloyd's Casualty Co.,v. Lem, (Civ. App., writ dismissed) 62 S.W. (2d) 497; Missouri-Kansas-Texas Ry. Co. V. 

Thomason, (Civ. App., writ refused) 280'S.W. 525; 39 Tex. 

JUT. 226, Sec. 121. 
Honorable Tom L, Hartley, Page 5 

In view of the foregoing, It Is our opinion that 

J Section 5 of House Bill No: 186 does not prohibit &he hunting* taking, shooting or killing of wild duoks or other 

migratory b 

df 

de (other than all kinds and species of whitewinged dov and ohaohalaoa) In the area designated In said 

seotion. 

APPEOVED 8Ep 15, 1941 

Yours very truly 

A!iTOF@IEYGENERALOFTEXAS 

BW:cO 

aa: a.ame Fish h Oyster aomaIsslon 

Au&.l, Texas 

By (8) Benjamin Woodall 

Aseietsnt 

! 

Op~inlon aomm3.ttee 

By B. W. B. OhaIXnU2.U