### OFFICE OF THE Al7ORNEY GENERAL OF TEXAS AUSTIN

. Honorable Tom I,. Hartley CriminalDistrict Attorney Edinburg, Texas
Dear Sir: Attention: Jaok Ross OpinionNo. O-3873 Re: Does Seotion 5 of House Bill 186 (new.whItewing 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 opinionon the question stated above, we.deem It proper to quote'the.followIngfrom 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 shellbemw- %%t any time to hunt, take, shoot or kill eng kind or species of wild ITOWl hereinabovementioned.' 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 -T35 migratory bird. or any other gamebir this State, with a shotgun larger than tenHonorable 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 shallbe legal to hunt certain game, setting aside certain territory as a nesting and propagatingground for oertain game, and prohibitinghunting 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 thisAot as a nesting and propagatinggroundswherein 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 'hereinabovementioned' In Section Five (5)relates to the entirebill it oertainlywould include any migratory bird, suoh as wild duck. It is my opinion that said language relates to the entire bill.
*If the wording *hereinabovementioned' In said section Inoludes only 3eotion Five (3) theremay be some queetionas to the Intention of the Legislature, but taking Section Five (5)with the title of the Bill * - - - and prohibitinghunting and shooting therein; ---* and the reference to *othergame* 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 speoieeHonorable Tom L. Hartley, Page 3

of wild fowl hereinabovementioned' (andalso taking Into considerationthe language of SectionNine (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 

### whiohwhite-winged doves and chaohalacanest 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 hereinabovemen- ,Eed.* thefolSeotion 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 territorywherein 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 Sutherlandon Statutory Construction,we take the following quotation;

*In dealdingy: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 subjeotmatter of the section In whioh suchwords are~found, and oontrasts It with that of the preceding sections. Thus, where a seotionwhioh dealt with a new subject used the words tnothinghereinbefore oontained,' It was held that the referencewas confined to matters oontained In that seotion and did hot extend to earlierportions of theAct.* (Sutherland1Statutory Construotion,Sec. 257, p. 338; Lew 8' SutherlandStatutory Oonatruotion, Seo. 405, p. 789.)
In Seotion 5, the subjeotmatter Is the oreatlon of a game preserve, and deals only with Its establishment and the limitation of huntingwithin Its boundaries. It is olear to us that the use of the undereoorsd words In the phrase White-winged doves, chachalaoa Is restriotedby applicationof the doctrine o

It Is likewise olear that the the final sentenoe of section 5 (itbe unlawful at any time to hunt, take, shoot, or kill any kind or epeoies of wild fowl hereinabovementioned" hamferenoe nl to thosementioned 1 th ti I "white-winged loves and ohaohalaoanandnalleo~e~heo%ff&%C "kind or speoiea" of same,
We observeyour 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-TexasRy. Co. V. Thomason, (Civ.App.,writ refused) 280'S.W. 525; 39 Tex. JUT. 226, Sec. 121.

### HonorableTom L, Hartley,Page 5

In view of the foregoing,It Isour opinionthat J 

### Section5 ofHouseBillNo: 186 doesnot prohibit&hehunting*taking,shooting**or** 

### killingofwildduoks or other migratoryb

df de (otherthanall kindsand speciesofwhitewingeddov and ohaohalaoa)In theareadesignatedIn **said** 

### seotion.

APPEOVED8Ep15,1941 Yours very truly 

### A!iTOF@IEYGENERALOFTEXAS

BW:cO


### aa: a.ameFishh OysteraomaIsslon Au&.l, Texas By (8) BenjaminWoodall 

### Aseietsnt

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### Op~inlon

aomm3.ttee By B.W. B. OhaIXnU2.U