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 

1607 Main St.. Suite 1400 

Oa,,as. TX. 75201-4709 

2141742.6944 

4824 Alberta Ave.. Suite 160 

El Pas,. TX. 79905-2793 

y.iq533.3484 

1220 Dallas Ave.. Suite 202 

“ouston, TX. 77002-6966 

7131650-0666 

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Lubbock, TX. 79401-3479 

8061747.5238 

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MCAII~~. TX. 76501-1685 

5121682-4547 

200 Main Plaza, Suite 400 

San Anfonio. TX. 78205-2797 

5121225-4191 

An Equal OpportunityI 

Affirmative Action Employer 

Mr. Charles Travis 

Executive Director 

Texas Parks and Wildlife Department 

4200 Smith School Road 

Austin, Texas 78744 

Opinion No. JM-52 

Re: Whether provisions in 

Senate Bill No. 94 repealing 

certain provisions for furbearing animals are effective 

Dear Mr. Travis: 

You have requested an interpretation of article 1, section 37 of 

Senate Bill No. 94, which was enacted by the Sixty-eighth Legislature 

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is repealed on the effective date of a proclamation of the Parks and 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 Committee on Environmental Affairs, filed in Bill File to Senate 

Bill No. 94, Legislative Reference Library. In so doing, the 

legislature repealed the provisions of the code included in article 1, 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 The legislature repealed numerous other provisions 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 Commission by proclamation 

regulates the conduct controlled by each of those provisions. section 

37 states that the provisions "are repealed," but "effective as 

provided by 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's proclamation relating to those wildlife resources takes 

effect. 

We believe that when the legislature referred 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 statutes 
Mr. Charles Travis - Page 2 (JM-52) 

7 

listed in section 37 would be deemed to be repealed only when a 

proclamation issued by the commission takes effect. We do not believe 

that it ever contemplated that the proclamations to be issued could 

affect only those statutes pertaining to wildlife resources that are 

under the regulatory authority 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 

McDonald v. State, 615 S.W.2d 214, 219 (Tex. Crim. App. 1981). 

SUMMARY 

The legislature repealed 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-bearing animals, on the effective 

date of a proclamation of the Parks and Glildlife 

Commission regulating the conduct proscribed by 

that provision. 

Very truly you J-h . 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Nancy Sutton 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Acting Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Moellinger 

Nancy Sutton 

Bruce Youngblood 

P. 219