### C0 The State of Texas

P Y OFFICE 

### OF THEATTORNEY -OFTAustin Gerald C. Mann Attorney General

Donorable 2. D. Dodgen, Chief Clerk Game, Fish and Oyster Commission Austin, Texas Dear Sir: Opinion ITo.O-3509 ??e: The status cf t:lelaw in Robertson County in respeot to taking wild turkeys.
Your letter of May 5, 19JJ, calls our attention to Senate Bill go. 507 of the Regular Session of the @nd Legislature,whit& amended Chapter 10 of the l&h Galled Session of the &.l.st

Legislature, and which reads ln part as follows:
&e open season for killing wild turkeys in any county composing the third, fifth and fourteenth senatorial districts

. . . shall be during the months of !Jarchand April. Whoever kills a wild turkey in any of said counties at any time other than during said shall be fined not less than Ten lO.OOj Doli&'nor more than One Hundred ($100.00) f ,.. and to Rouse~R~3.l Ho. 377 of the Regular Session of the &th Legislature,(whishreads as follows:

*Ii shall be unlawful for any person to hunt, trap, ensnare kill or attempt to kill, by any meana whatsoever, any ~114 deer, buok, doe ,tfawn or wild turkey in the county of Robertson, fn the State of Texas, for a period of six 16) years from and after the passage of this Act.* Robertson County was includedwithin the provisions or Senate Bill No. 507. Rouee Bill No. 377 by Its provlsione expired May 6, 1911.,.,

Honorable H. D. Dodgen, page 2



### YOII requestthe opinionof this Departmentupon the status of the 

### law et this time with reference to the taking ofwild turkey in Robertson County under the fore

### goingstatutes.

The Legislature did not in Rouse Bill 377 expressly 

### repealSenateBill 507 

### in Its applioatlonto RobertsonCounty. The doatrlne 

### of repealsby implication, upon the 

### basis of an lrreconciliable conflict, does not oompel such a repeal because Rouse Bill 377 by Its express provisionswas a temporary enactment to be in force and effect for only six years. The effect of Xouse Bill 377, in our opinion, was nerely to suspend the operation of 

### SenateBill 507 duringthe llre 

### of House Bill 377.

Th4 purposeof Hous Bill 377,as reolted In Seo

### tion 3 ther4@, was to aooomplishthe restmklng or Robertson Couutywith @%ld deer and turk4g. We samot, in thsabssnoe of exgjmssl&guage, attributeto the Legislature,in the enaotment of House Bill 377, 

### the intentto repealoutrightSonata Bill 507 

### as %o Robertson County, and thereby, at the end of six years, leave the killing of wild turkey unregulated and uurestrloted ln suoh oountg. Manifestly this muid frustrate the very purpose of Houae Bill 377.

It is therefore the opinion of this Department that House Bill 377 

### merely suspendedthe operationof SenateBill 507 in RobertsonCountyfor six yearsand that upon the explratiou 

### or suahperi onas aga3n i



### r of tintsthe provisions of Senate Bill 507 beoam ~ioraeand effaat in anoh bounty. In 

### oonsBqu4nue, the open ssaion **tor** 

### the taking of **wild** 

### turkeysin Robertson Countyis 1n:aocordauoe with Senate Bill 507, namely, during the months 

### o? Maroh and 

### April. Yoursvery truly
APPROV-EIS

MAY:20, 194l 

### ATTORNEYGENERAL OFTXAS 

# /a/ Grover

### 8bllers FTRSTASSISTAIW ATTORl'EYGEniRAL
zcs: Aha! APPROVED OPINION COMMITTEE By BViBChairman 

### By /s/ ZollieC. SteakleT ZollieC. Steakley

arrsistant