OFFICE OF THE ATTORNEY GENERAL
**AUSTIN**

January 

### Mr.“&. AL.Miller County Attorney Newton County Newton, Texas
Dear Hr. Miller: .J ,': \ (, ? i ! -, ‘ /,"\J, ; -'-. -.I %*

. ._ OpinionNo. O-83 ----;., *., 3": Cons~ruotlonof Articles. 1321 and.1330,Penal Coda: oF~Tex@e '.I

I Your request for ai opinion: regarding the construotionof Artioles 1321 and 1330)of the Penal Code of Texas has been receivedby 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, ehallbe fined not lese than fifty normore,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~wilfullyor 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 anyproperty 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 burningdebris on areasworked or oupped for turpentineand

## pliiruilp or negligently allowing such fire to spread to adjaoent areas not then being soworked or oupped, shall be fined not less than ten normore than two hundred dollars.* Artlole 7 of the Penal Code of Texas, provides: "This oode and every other law upon the subject of orizewhich may be enaoted shall be oonstrued according to the plain inport of the language inwhich it iswritten without regard to the distinctionusuallymade between the const.ruotlon of the penal laws and laws upon other subjeots,and no person shallbe punished for an offensenhloh is not made penal by the plain import of thewords oi a law." Artiole 8 of the Penal Code of Texas, provides: "Xordswhich have theirApeanlngspeciallydefined shallbe understood in that sense, though it be oontrary to their usual zaeanlng, and all words used in this code exaeptwhere a word, terzn or phrase is speolfioallydefined, are to be oonstrued in the sense in whioh they are understood in common language, taking into oonsiderationthe oonteatand subjeotmatter relative to whloh they are employed."
In the oonstruotlonof 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 thepurpose of asoertalnina the intentionof the Legislatureenactins: 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 espressplainly, 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 settledrule - .in tho oonstruotlonot

_ . . _ . _ . statutes and ror tne purpose or arriving at tae leglslatlve intentionsthat all laws on the same sub&at matter are to be taken together,examinedand 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 determinewhat 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 thewriter that these statutes do not oover the same thingbut similar thin(ls and In deterxining underwhat statutean offense should be oharged, the faots in the specificoase are oontrolllng and the offense shculd be charsed under the statute that clearlydefines the offense and tho oounty attorney shoulddetermine from t!ie faots the statuteunderwhioh 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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