OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

gouorrble P. U. Minter 

county Attorney 

JU Iiogg County 

SsbbroWllle, Texas 

nal Code respectively 

shall hunt outside 

vlth a gun without 

Game, Flsb and Oyster 

dollarr) fifteen cent8 of vblch 

talned by said, officer aa his fee 

a non-resident citizen or alien 

shall be went?-five ($25.00) dol3.00) dollars of such amouat shell be 

retained by the officer issuing ruch license as his 

fee Sor oollectlng, lssulng, am! uaklng, report on 

license so Issued and for remlttlng the remaining 

twenty-two ($,22.00) dollarr to the Game, Fish and 

Oyster Commisrlon. 

"Aay perron hunting with a ‘gun out of the county of his residence without a license authorizing 

him to hunt out of the county of his residence, or 
~orablo Pa W. Mater, page 2 

any parron uho Sails or reSuae8 oa demd by any 

ofslorr to l hou l uoh oSSloer his bunting llcenaa 

~pequlrrd oi him by this l rtlole still be derwd 

guilty OS a miadrmeaaor urd upon oonvlotlon rhall 

be fined In my sum not leaa than tea ($10.00) dollars, nor moco thn one hundrod ()lOO.OO) dollaraj 

provided, that the prorlsioaa oS thla art1818 roqulrlag hunting license l hallwnot apply to persona 

under a8r8ataea yeara 0s age. 

‘Any non-raaldent OS this State or any alien 

vho l h~ll hunt vlld game aad bird8 In thla Stats 

without first arourlng a llcaaaa to hunt Sroa~ the 

Coamlaaloaer or his deputy or tha oounty clerk shall 

“,;l;a%;dwaot leaa than tea aor more than one hundred 

. 

As to vbom are oonaldered altlzeaa and non-residents 

tier this ohapter OS the Penal Code, VQ quote from AHlole 920 

,I s011ova: 

“For the purpose OS thla chapter, any person, 

except an allea, who has been a bona Side resident 

or thla State Sor a period OS tine exoardlng six 

months, oontlnuoualy and immediately bef ora applying for a hunting license, ahall be considered a 

cltlren or thla State. 

“An alien la any peraoa who 1s not a natural 

born oitlaea OS the Waited Stat08 OS Amerloa, and 

who has not daolarad his Intention to becoma a eltlaan OS the Walted States OS America. 

“A non-resident shall be any peraoa vho la a 

oltlzra OS any other Stats, or who has not coatlauoualy or Immediately prarloua to the time OS applying Sor a hunting lloense, been a bona-tide resident oS 

the State OS Texas, for a period of time mor8 than six 

months.’ 

Your query Is vhetber a person would be required to obMn a aon-realdent hunting lloenae under the Sollowing facts 

rhioh appear ln your letter as Sollova: 
gonorable P. Y. Mater, psge 3 

II 

. . . . 

n*- (a) The Defoadant la 42 years of 

age) (ij 8; ia; born and rearad In Alabama WA1 ha 

vaa 11 #oars of ago, rhea his preata remorhndetiaon Couaty, Texas, where he vas reared to young 

manhood; (0) HIa father died only about 4 or 5 pears 

after moving to Anderson County, Tafaa, and Defendant’s oldrr brother then being la the Armed Poroea 

of the 0. 8. A., the prlnoipal burden therefore of 

taking oars of his vldoved mother and six younger 

brothers and alatera, as well as the farm, Sell upon 

the Defendant! (d) Because he could not auoceasSully do so on the Sara, Defeadant eagaged ln Ollfield work vhea be was about 20 years of age, and 

he has lntarralttently but prlnclpally been engaged 

in such mark until the present time; (e) While his 

CllSleld vork has been for rarloua Employers, It has 

been prlnolpally la Texas, vlth the exceptions hereinafter stated; (I) He merrled about 1927, and 

l beut 1928, ha purchased a form In Anderson County, 

Texas, vhlob he continued to own until he sold same 

about 1940; (g) El8 first uork In Louisiana was In 

#3, for about 2 months, vhen p he rsturned to Texas; 

His vork for varloua Em loyara vas then In Texas 

until about May or June, 19 1, uban tha mama raaulred him to go back to LoulalaM with his fwslly until 

about February, 1942, being approxlawtely 9 months, 

when he 8galn returned to Texasi (1) Kovever, ln 

1937, he purchased a horns in Houston, Harris County, Tex.88, ubera he and his Samlly rcalded for aometime, after vblob thay removed to hia farm In Andorson County, Texas, because of the blab tort of 

llriag la Eouatoa, but he continued to ova said 

home la Houston until only about 2 months ago, when 

he sold saw1 (j) Bo r eglr ter hsd is l utomobllo both 

In Teus and Loulslun la 1941, and he also reglsterrd sama in both States for 1942, but he only rcglstered saw so far In Louisiana iR1943; (k) % 

registered under the Seleative Service Act in Wharton 

County, Texas; (1) In January, 1943, while realdlag 

la gl Campo, Wharton County, 26199, he was employed 

by his preaeat Employer, the Phillips Petroleum Company, Sor the first tlmaj (m) tha Phllllpe Petrole’um 

Co. required hlm to go to Loulalaaa In Jaauary, 1943, 

oa his rork, but the Defendaat olalms that lt vas cn 

the express proposition that he was to be there Only 
mnorablb P. Y. Cantor, wge 4 

temporarily, altar ublah they would return him to 

Texas, and the Dofoadant has furalahed us vlth a 

lettor of Jaauary 6th.. 1943, Srom aald Phllllps 

Petroleum Company addressed to him at Xl Cam 

Texas, indicating such trots to be true; (aY&elr 

oblldroa voro In school in El Crmpo during the first 

part OS tbo school-year of 1942 C 1943, but veat to 

Loulalana where he uas e8ployad in Jaauacy, 1943; 

of M8y, 1943, when they roturnrd to Texas; 

(0) They remalnod In Louisiana until tbb Slri;,p;at 

fondant has alalwd Tbua as his r~aldenoe l lnoe 

before January, 1943, rhan he Wat to Louisiana as 

above lndlcatrd~ (aad (a), He has never owed a 

how or l nr other ram1 estate in Louisiana, and 

moor sold his boma in Houston, Harris County, Texas, 

until about two month ago. 

“6. (a) Tba Defendant hats been residing vlih 

his family In Wrando City, Uebb County, Texas, for 

about l lx reeks or two moatha&gl~b) z i;;$::t a 

Resident Hunting License lo. 

%exaa, oa September l)tb., 1943; ok tba theory &at 

he Was a resident of Texas, under the facts above 

stated, although he had only returned to Texas vlth 

his family the aarly part of Hay, 1943; sad (c) The 

Looal Game Warden Sllad a aomplalrrt against him as 

Indicated la Par. 4 above, on the theory that he was 

a Ron-resident of Texas under Art. 920, P. C., and 

therefore not entitled to hunt under a Resident HuntI.&Q woenae baoauae he had aot bodily rralded ia the 

Stat. for 6 montha nrxt preceding the proourlag ot 

such Resldeat Euntlng U~easr. 

” I 

. . . . 

The problrm prbaented by your request la to deternina 

Qhat the Leglalaturs IQ.tendad vhea It used the olauae that for 

a persoa to be a oltlcea under this Chaaptrr ha must be a bona 

Side resident of this State for a period of time exoeedlag l lx 

Wntbs oontlnuoualy and tiedlately botore applying for a huntlng llceaae. A l olutloa to this question vi11 In turn aasver 

your rrauaat. 

As stated ln your letter, there has been no judicial 

Or departwntal oonatruotloa of those sectloas of the Penal Code. 

MO do not think, hotmvar, that referbaoe to other statutes and 
gonorable P. Y. Mater, page 5 

Ojoqisioaa of our lava and the ooaatruotlon plaoed thareoa by 

our sourts as to the wmlag of a bona Sldr rraldent vi11 be 

oS much aid la reaohing a aolutlon to tha Query presented ln 

ais reauest9 We say this after noting the prlaolpls l mo ua c ed 

l,, gh@ oaaa of Ex Parte Blumer, 29 Tex. 736, vhere tha Supreme 

Court of Texas stated that tha deSlaltlona and soopa of what 

constitute altlcen and raaldeat dopead upoa ths lndlvldual and 

sepratb statutesj that la, the meanings of these words must 

ba l soertalned not Srom a general deSlaltloa usually glvaa them 

but rather from tha latent, purpose and l&a the Leglalature 

bad In rind ln enaotlag eaoh partloular lav. This expression 

oS the Supreme Court has been followed by subsequent deolsloas. 

Bafora attempting to l so er ta lwhat a the Legislature 

want by the olauae “a bona Side resldeat of this State for a 

ppiod of time exceed-g six months , continuously and lpnaedlate1y before applying for a hunting lloenae” as used In Artlole 920, 

supra, Ye deea It Important to noie that often the words ‘realdent” and ‘81t1aea” and “residenob” and “domlolle” are used In 

0~ statutes interchangeably aad hava been l ometlasa oonatrued 

to have l ubatantlally the same meaning. Dodd v. Dodd, 15 S.W. 

(26) 6861 Browa v. Boulder, 18 Tex. 433; Plttsburg Water Beater 

compsny 0. Sulllvaa, 115 Tex. 417, 282 3. WI 576, Slaoe the 

Lsglrlature does use the terms referred to lnterohangeably, it 

would in our oplnlon be proper to observe the exact meaning usually l ttaohed to each OS those vords and thereby determine in 

vhat manner the ~auae heretofore mentioned In Article 920 was 

lntcnded to be uaed. 

The court la the oaae of Peoos R. Co, v. Thpmpson, 

106 Tex. 460, 167 9. If. 801, very ably dlatingulahed between 

residence aad domlolle by the Sollovlng languages 

“lResldeaoe* meana living in a partlaular locality, but ~domlolle~ mesas living in that looallty vith the Intent to make It a fixed and permanent 

home. Resld8aoe Sia!ply reau3.re.a bodily presence as 

an Inhabitant in a given place, while domlolle reaulrea bodily presence la that place and also aa inteatloa to make It ones dgmlolle.” 

A Person therefore may be a resident of oae plaoe and have bla 

doUclle In another plaoe. A parson la usually ooasldersd to 

ba 9 oltlsen of the plaoe of his domlolle. 
It 18 our oplalon thAt the Laglelaturo ueed the leageege under dleoueeloa la the eezwe th a t l pereoa must hete oetebllehed In thle Stat8 l daiolle for a period o f tla t exoeedm Ed moatbe ooatlauouel~ rod Lanedletrly b efo rl pplying e for 

, batlag lloeaer to br ooaeldered 8 oltlrra of thle State under 

~8 ohapt-. He auet have reelded in Texae rlth the lateatloa 

of ?rmlning and eatabllrhirrg hle h-8 for the pmeorlbed period 

art-* We here reaohed thleooaoluelon by flret ooaelderlng 

the derInItloa of a non-reeldeat under Artlole 920. A a~-:;eI- 

&at la Slret deeorlbed l e a oltlcea of enother etate. 

,,ldent th8t vhea the LegIelatWr u8ed “~ltleea” In thlr SODteeee, It meant A pereoa vho had hle domiolle la eaother etate, 

?w l ptreoa oeaaot be a oltlztn o? l aothtr l tett l ad et the 

,e~ time be a oltieea of Ttxae. Thle Artlolt further dteorlbte 

, eon-rteldtat a8 l pereoa vho he8 not beta l bona fide rteldtat 

of thle Stats for a period of time trottdlog l lx moathe ooatinuo~ely and lmmedlately before applying for l huatIag llotaee. 

me ye hevt prtvlouely etattd, e reeldtat 18 l ptreoa who 18 

bodily present at e otrtala looetloa. I? the Leglelaturt did 

tot deem the l tateaoe wader dleoueeIoa to man more then thle, 

it vould not hevt used the word8 “boae fldt.” That term would 

be l urplueege, and ln oonetrulag a etatutt euoh ea lattrpretet;on ehould be erolded l? possible. In feot, It l pptere quite 

evident the Ltgleleturt hed romething more ln mind then merely 

tht eotuel ~rtetaoe of a pereoa a8 ehova by the addltloael term 

‘bone fide, end vt believe they meant b7 l boaa Side rteldent 

e peraoa vho bed tetebllehed a domlollt. Thue under our Iattrprttetlm, l non-resident le a oltleta of l aother l ta tt or a pereon who bee not tetabllehtd hle domlolle ln Ttxee for a period 

of tint o? more than l Ix moathe continuously aad lmmedlettly before l pplylng for b hunting lloeaet. In other worde, a ptreoa 

wet have had hle donlolle la Ttxae for the required period of 

time or he 18 olaeeed a8 a “non-reeldeat’ b7 the l tatutte. 

Thle coaetructloa llkevlet harmoaleee vlth other portlone of Artlole 920. A oltlcta of a Stete 18 ueuelly oae vho 

her a domlollt ia the State. Thus vhen thI8 Artlole definer a 

altlzta 88 any pereoa, exoept an ellen, rho bee beta a bona fide 

rrrldtat of thle State for a period of time txotedlng l lx monthe 

eolrtlauouely and ixueedlattl~ before l pplylag for a lloeaet, It 

me merely txttadlag the gtaerel rtquleltte of l oltlrta by rtWring the tetablle~tat of l uoh domlollt for more then eix 

monthe, Ueuell~ It 18 o? no onnstqutnot hov l hort the retldtnoe 

W beve beta to teteblIeh l domlollt, for It 18 the faot of the 
goaoreblo P. U. Mater, pegt 7 

P,g;&nOt ooupled vlth the lattmtloa thet tetabllehee the domlrile* Bovtvtr, to quelI?J under the Gem Statutes am a oititea 

er ~elbea~: huatrr, one Is roqulrod to reeldt la Texas vlth 

the Intentloo of aeklng him home la this State for more than 

rix mohtheI We are of the oplaloa there Is a reason fop requirl,,g this extra time before oat Is ooneldtred a oItlcta under 

ok aeee Statutes in that May out-of-etato hunters might eater 

tbig state during the huntlag etaeoa, dtolmo that they lattadrd to eetablleh l domlolle ln Texas , obtain a reeldtat huatlw 

littame, do their huatlng and then return to their roepeotlre 

d&UiOileS ia other etatee. TO prtvtat Such preotice, the Leg- 

~eleturt l av fit to require a person to tetablleh him doaloile 

for more than tb months to oomt ultbln the purrlev of being a 

oltlztn end securing a resident huntlag llceaet. Such Is, vt 

bel;tvt, to be the intent and purpose of the statute toaeldertd. 

After a person bee tetablIehed a domIollt, It Is not 

~toteeery that he l otuelly continue to be 8 resident to keep 

him domicile. It ham been maid thtt t 9treoa for most purpores can htvt but one domIollt, 

or rteldtace. 

but oaa hare several pleaser 

In other vorde, ester a domlollt her once been 

ecqulrtd so long em the Iatitatloa to keep it be ooaeteat, a 

ptrroa mey be 8 rteidtat of another rtate yet melatela him or;- 

gins1 domIoIlt. See 15 Ttx. Jur., pager 708 to 711. Thus, 

under the Game Stetutte, after a pereoa her ooatlauouely end 

immtdlnttly lived ln Texas for over elx months vlth the lateatiou et all timer of meking this State him domfolle, he bee tetebllehtd hImeel? a s l Oltleta of Ttxee l ad vould be entitled 

to l touro 8 reeldtat hunting lloeaee. After a pereoa her eetebllehtd much l doeilclle, It Is not aecteeery for him to malntela it by ooatinulng to be a reeldent of Texas. Et mey movt 

lnto eaothtr state tnU become a resident of that state but so 

long em he dote aot abandon him latentloa to rotala him domlollt 

In Ttxee, but to return to Texas when the oooaelon for him ttmporery l beeace ?ros Texas no lo ngel xlete, r he romeins a oltlLea of Texas add under Artlole 920 18 entitled to hunt la thle 

State ulth a resident hunting llctaee. 

Whether a person vho her oaot tetabllehed him domlcllt 

In Ttxe8 for more than mix months ham lost him statue am a oltiLen of TexAe by moving to tiothor state cad rteWaIng them for 

l l a J ptrlod of time 18 l question of Sect to be dettreiiaed ?rom 

the Sect8 end olroumetaaore aonaeottd vlth him removal, 
goaorebh 0. Y. Minter, page 8 

vblch this depertmeat hem for meay pera l ttad?aetl~ r@?ugtd to 

pee upon OF dtolJe. HOVev8r~ (It believe vbet ham beaa eeld 

gboV0 ~111 oaeble you to detemlar the question l ubmltttd l ooordin(r to tbr faote In the pertlouler oaeo vhleh paire oocegloa 

for Jo* Wu*J* 

mK:db 

Aeelrtant