OFFICE OF THE ATTORNEY GENERAL 

AUSTIN 

January 

Mr.“&. AL. Miller 

County Attorney 

Newton County 

Newton, Texas 

Dear Hr. Miller: 

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Opinion No. O-83 ----;., *., 

3": Cons~ruotlon of Articles. 

1321 and.1330, Penal Coda: 

oF~Tex@e '.I 

I 

Your request for ai opinion: regarding the construotion of Artioles 1321 and 1330)of the Penal Code of 

Texas has been received by this offloe. 

Artiolee 1321 and 1330 read-as follows: 

"Art. 1321, Burulng~~woodland.dr prairie. 

Whoever wilfull7 or negligently sets fire to, 

or burns, oI”..causes to be burned, any woodland 

or prairie not,,his~own, ehall be fined not lese 

than fifty nor more,than three hundred dollars. 

T!ds offonee is bomplete.where the offender sets 

fire to,hls own woodland. or prairie and the fire 

comunioates4o the woodland or prairie of ano- 

‘k. ‘mArt. 13302 Firing Sorest or cut-over land. 

Xhoever~wilfully or negligently sets on fire or 

oauses to-be set on f'ire any forest, out-over, 

brush or grass land not his own; or sets on fire 

or oausesto be set on flre any forest, out-over, 

brush or grass land, belonging to himself, and 

allows such fire to esoape to any forest, out-over, 

brush or crms land, not his own; or ~-ilfully or 

negligently sufrers any fire set by hlznself to 

damage any property of another, and any person 
. 

Xr. A. A. Xiller, January 16, 1939, Page 2 

setting fire or oauslng fire to be set for the 

purpose of burning debris on areas worked or oupped 

for turpentine and pliiruilp or negligently allowing such fire to spread to adjaoent areas not then 

being so worked or oupped, shall be fined not less 

than ten nor more than two hundred dollars.* 

Artlole 7 of the Penal Code of Texas, provides: 

"This oode and every other law upon the subject of orize which may be enaoted shall be oonstrued according to the plain inport of the language in which it is written without regard to the 

distinction usually made between the const.ruotlon 

of the penal laws and laws upon other subjeots, and 

no person shall be punished for an offense nhloh 

is not made penal by the plain import of the words 

oi a law." 

Artiole 8 of the Penal Code of Texas, provides: 

"Xords which have their Apeanlng specially defined shall be understood in that sense, though 

it be oontrary to their usual zaeanlng, and all 

words used in this code exaept where a word, terzn 

or phrase is speolfioally defined, are to be oonstrued in the sense in whioh they are understood 

in common language, taking into oonsideration the 

oonteat and subjeot matter relative to whloh they 

are employed." 

In the oonstruotlon of the statute, the legislative 

intent ii that intent cannot be ascertained, aust govern. 

Yhen that intention is dlsoovered it will prevail even over 

the literal inport of words. Cain v. State, 20 T. 355. 

For the purpose of asoertalnina the intention of 

the Legislature enactins: a statute, the lanruage employed 

-* in the act is first to be resorted to. If the words em6, ployed are free from asbigulty and doubt end espress plainly, 

olearly ani distinotly intent aocording to the host' zatual 

inport of tbe lnnqua.qe, there is no occasion to look elsewhere. Xurray v. State, 21 C. 2. 620. 
. 

Yr. A. A* Nlller, January 16, 1939, Page 3 

. 

It is a _ _ uell settled rule - . in tho oonstruotlon ot _ . . _ . _ . statutes and ror tne purpose or arriving at tae leglslatlve 

intentions that all laws on the same sub&at matter are to 

be taken together, examined and considered as if they were 

one law. Cain v. State, 20 T. 355. 

In view or the fore&oIng authorities, we must 

look at the specific language of Article 1321 and Artlole 

1330 to determine what offenses they define and the penalties they presoribe. In Article 1321, the words Woodland 

or prairie" are use<while In Artlole 1330, the words 

"for&St, out-over, brush or grass land" a,re used. Therefore, it is the opinion of the writer that these statutes 

do not oover the same thing but similar thin(ls and In deterxining under what statute an offense should be oharged, the 

faots in the specific oase are oontrolllng and the offense 

shculd be charsed under the statute that clearly defines 

the offense and tho oounty attorney should determine from 

t!ie faots the statute under whioh the oomplaint is filed. 

Trustins that the foregoins answers your tiquiip? 

I remain 

Vory truly yours 

A~Oilxm Gz?mRAL OF TXAS 

By-V& 

Assistant 

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