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 ofParks 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 inAransas, 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 You note that the special game laws governing these counties were repealed by section 2ofHouse Bill 1186ofthe 64th Legislature, Acts 1975. 64th Leg., ch. 545, p. 1405 at 1804, which is the Parks and.Wildlife Code.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 toparks andwildlife. Section 1of House Bill 1186contains the newCode and section 2 repeals various laws including all special laws cited inarticle 9783 (note),Penal Auxilary Laws, other than those excepted by section 2(c). Section 1.001 ofthe Code and section 3ofthe Bill provide that the purpose ofthe codification is not to make substantive changes inthe law. Thus, you have asked what the effect is ofthe repeal ofthe special laws pertaining tothese counties. Section 1.001(b)(3) ofthe Code provides that one purpose ofthe 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eIiminat[e] repealed, duplicative, unconstitutional, expired, executed, and othe’r ineffective provisions.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 In our view the Legislature understood the special laws which were repealed to be ineffective inlight of sections 1, 1A and 18 ofthe Uniform Wildlife Act. V. T.C.S., art. 9783-l. Section IA was added byActs 1973, 63rd Leg., ch. 220, p. 515, and made the Uniform Wildlife Act applicable to fish, aquatic life; and

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marine animals other than shrimp and oysters in all coastal waters ofthe State except inHarris, Galveston, Chambers, and Victoria Counties. Section 1made the Act generally applicable toall butfour counties involved inyour request. Thus the Uniform Wildlife Act was applicable to all fish, aquatic life, and marine animals inthese counties except shrimp and oysters in Kenedy, Kleberg, Nueces, and Refugio Counties. Section 18 ofarticle 978j-1 provides that the Parks and Wildlife Commission may promulgate regulations and that all game laws, special or general, shall remain ineffect 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 ofthese special laws and the expressed purpose ofHouse Bill 1186. Section 61.052 ofthe 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 ofthe Code contain special laws governing the applicability of the Commission’s regulatory authority to particular counties. The repealed special laws are nolonger ofany effect whatsoever. Accordingly, in our opinion the Parks and Wildlife Commission has full regulatory authority over fish, aquatic life, and marine animals inthe subject counties ,except as limited bythe applicable special provisions contained in Chapters 101-354 ofthe Code. SUMMARY The Parks and Wildlife Commission may exercise its regulatory authority under section 61.052 ofthe Parks and Wildlife Code in the subject counties except as limited by the applicable special provisions contained in Chapters 101-354 ofthe Code. Very truly yours,

OHN L. HILL Attorney General of Texas

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APPROVED: 

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DAVID M. KENDALL, First Assistant

C. ROBERT HEA,TH, Chairman Opinion Committee

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