October 15, 1975 

The Honorable Clayton T. Garrison 

Executive Director 

Texas Parks and Wildlife Department 

John H. Reagan Building 

Austin, Texas 78701 

Dear Mr. Garrison: 

Opinion No. H- 717 

RC?: Status of regulatpry 

authority of Parks and 

Wildlife Department in 

several counties with 

respect to fish, aquatic 

life and marine animals, 

You have requested’our opinion concerning the regulatory authority of 

the Parks and Wildlife Department regarding fish, aquatic life and marine 

animals in Aransas, Brazoria. Cameron, Calhoun, Jackson, Jefferson, 

Kenedy, Kleberg, Matagorda, Nueces, Orange and Refugio counties. You 

note that the special game laws governing these counties were repealed 

by section 2 of House Bill 1186 of the 64th Legislature, Acts 1975. 64th Leg., 

ch. 545, p. 1405 at 1804, which is the Parks and.Wildlife Code. 

The Code revised and codified the laws pertaining to parks and wildlife. 

Section 1 of House Bill 1186 contains the new Code and section 2 repeals 

various laws including all special laws cited in article 9783 (note),Penal 

Auxilary Laws, other than those excepted by section 2(c). Section 1.001 

of the Code and section 3 of the Bill provide that the purpose of the codification is not to make substantive changes in the law. Thus, you have asked 

what the effect is of the repeal of the special laws pertaining to these counties. 

Section 1.001(b)(3) of the Code provides that one purpose of the codification is to: 

eIiminat[e] repealed, duplicative, unconstitutional, 

expired, executed, and othe’r ineffective provisions. 

. . . 

In our view the Legislature understood the special laws which were repealed 

to be ineffective in light of sections 1, 1A and 18 of the Uniform Wildlife Act. 

V. T. C. S. , art. 9783-l. Section IA was added by Acts 1973, 63rd Leg., ch. 220, 

p. 515, and made the Uniform Wildlife Act applicable to fish, aquatic life; and 

p.. 3076 
The Honorable Clayton T. Garrison, page 2 

marine animals other than shrimp and oysters in all coastal waters of the 

State except in Harris, Galveston, Chambers, and Victoria Counties. 

Section 1 made the Act generally applicable to all but four counties involved 

in your request. Thus the Uniform Wildlife Act was applicable to all fish, 

aquatic life, and marine animals in these counties except shrimp and 

oysters in Kenedy, Kleberg, Nueces, and Refugio Counties. 

Section 18 of article 978j-1 provides that the Parks and Wildlife 

Commission may promulgate regulations and that all game laws, special 

or general, shall remain in effect until such regulations are issued. Thus, 

these special laws would have been ineffective upon the issuance of regulations by the Commission. There is therefore no necessary conflict between 

the repeal of these special laws and the expressed purpose of House Bill 1186. 

Section 61.052 of the Code, formerly article 6783-1, section 2, authorizes 

the Commission to regulate the time, place, means, manner, and method 

by which wildlife may be captured. Chapters 101-354 of the Code contain 

special laws governing the applicability of the Commission’s regulatory 

authority to particular counties. The repealed special laws are no longer 

of any effect whatsoever. Accordingly, in our opinion the Parks and Wildlife 

Commission has full regulatory authority over fish, aquatic life, and marine 

animals in the subject counties ,except as limited by the applicable special 

provisions contained in Chapters 101-354 of the Code. 

SUMMARY 

The Parks and Wildlife Commission may exercise 

its regulatory authority under section 61.052 of the Parks 

and Wildlife Code in the subject counties except as 

limited by the applicable special provisions contained in 

Chapters 101-354 of the Code. 

Very truly yours, 

OHN L. HILL 

Attorney General of Texas 

p. 3077 
The Honorable Clayton T. Garrison, page 3 

APPROVED: 

?i2ksiwJ-e 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEA,TH, Chairman 

Opinion Committee 

p. 3078