# The Attorney General of Texas

August 2, 1983 JIM MATTOX Attorney General

Supreme Court Building P.O.Box 12546 martin. TX. 78711. 2548 5121475-2601 Telex 9101874-1367 Telecopier 5121475~0266

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An Equal OpportunityI Affirmative Action Employer Mr. CharlesTravis ExecutiveDirector Texas Parks andWildlifeDepartment 4200 Smith SchoolRoad Austin, Texas 78744 OpinionNo.JM-52
Re: Whether provisions in Senate Bill No. 94 repealing certain provisions for furbearing animalsare effective
DearMr. Travis:
You have requestedan interpretationof article 1, section 37 of Senate Bill No. 94,which was enactedby the Sixty-eighthLegislature to repeal numerous provisions of the Parks and Wildlife Code. We believe that each provision of the code that is listed in section 37 is repealed on the effective date of a proclamationof the Parks and Wildlife Commission that regulates the conduct proscribed by that provision.
"A fundamental rule in the construction of statutes is to ascertain and give effect to the intent of the Legislature." Jessen Associates, Inc.v. Bullock, 531 S.W.2d 593, 599 (Tex. 1975). Senate Bill No. 94 was enacted to place conservation control and game management under the sole authority of the 'Parks and Wildlife Department. See Bill Analysis to Senate Bill No. 94, prepared for House Committeeon EnvironmentalAffairs, filed in Bill File to Senate Bill No. 94, Legislative Reference Library. In so doing, the legislaturerepealed theprovisionsof the code included in article 1, section 36 of the bill on the effective date of the act, which is August 29, 1983. The legislature repealed numerous other provisions of the code in section 37, but with the intention that the repeal not be effective until the Parks and Wildlife Commissionby proclamation regulatesthe conductcontrolledby each of thoseprovisions. section 37 states that the provisions "are repealed," but "effective as providedby Section 61.004, Parks and Wildlife Code." Section 61.004 provides that a law making chapter 61 of the Parks and Wildlife Code applicable to all or a portion of the wildlife resources of a county or place repeals any provision of general or special law regulating the taking or possession of those wildlife resources when the commission'sproclamation relating to those wildlife resources takes effect.
We believe that when the legislaturereferred to section 61.004 in section 37 of the bill, it simply meant to adopt the method set forth therein. In other words, its intent was that the statutesMr. CharlesTravis - Page 2 (JM-52)

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listed in section 37 would be deemed to be repealed only when a proclamationissuedby the commissiontakeseffect. We do not believe that it ever contemplated that the proclamations to be issued could affect only those statutespertaining to wildlife resources that are under the regulatoryauthority in chapter 61. Otherwise, the listing of statutes in section 37 other than those pertaining to conduct that is regulated under chapter 61 could only be regarded as an idle gesture because a Parks and Wildlife Commission proclamation could never reach those statutes. Therefore, it is our opinion that the legislature clearly intended to repeal all statutes listed in section 37, but that the repeal would become effective only on the effective date of a proclamation issued by the Parks and Wildlife Commission. See McDonaldv. State, 615 S.W.2d 214, 219 (Tex.Crim.App. 1981).
SUMMARY The legislaturerepealed each provision of the Parks and Wildlife Code enumerated in article 1, section 37, Senate Bill No. 94, Acts of the Sixty-eighth Legislature, including provisions relating to fur-bearinganimals, on the effective date of a proclamation of the Parks and Glildlife Commission regulating the conduct proscribed by thatprovision. Very trulyyou 

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JIM MATTOX AttorneyGeneral of Texas TOM GREEN FirstAssistantAttorneyGeneral
DAVID R. RICHARDS ExecutiveAssistantAttorneyGeneral Preparedby Nancy Sutton AssistantAttorneyGeneral
APPROVED: OPINIONCOMMITTEE Rick Gilpin,Acting Chairman Jon Bible David Brooks Colin Carl JimMoellinger Nancy Sutton BruceYoungblood

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