OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Mr. L. 1. Qeren 

county Attorney 

tlneetene Deunty 

iheae*lt, TMa8 

Bear slrr 

e very able brief 

8 b eeon f l *a l8ta nIe 

etter a,0 fellowt 

n ‘the oolinty oourt er 

5,Tt aha bo wJlawrul for any paWSOB, r1riE 

or oorporation, private or mranicijsal to pollute 

eny mtter course or other publla body or water, 

by throwIn& rpaetin~~or d4porfting, or oanoiag 

to be thrown, east or depealted any 0rud8 pstmlsne, oil OT other like subatanao timrein, or to 

pollute any water course, or other publls bo&y 
Mr. L. L. Gervn, Maroh 90, 1959, Pago g 

of water, from ahloh vatar is taken for the 

we of farm live stook, drlnklng and domartia 

purposes, in tha State of Tsxaa, by the dlscharge, dlrsotly or lndiraotly, of any rswaga 

or unolaan water or unolean Or polluting matter or thing therein or in auoh proximity 

thereto as thrrt it vi11 probably raaoh and 

pollute the water of suoh water course or 

other pub110 body of water iron whioh water 

is taken, ror the umsm~ of farm live #took, 

drinking and domsstia purpoaaa; provided, hoverer, that the proririonr of this bill shall 

notaffsot any nuntoipal oorporatlon altuated 

on tide raters; that i# to gay, uhars the tid. 

abbs snd ?las in SUO~ water 6OIWasi prsvlded, 

h&waver, that no ofty looatod on, tida water 

8hall dlsaharga or permit to bs disohargod 

#everago, oil or any other sfflusnts into pub110 tlds vaterm of thfr Pltate when euoh die 

ohargs will bsooms a mena to or andangsrs 

the oyoter bads or Ziah life ia suoh uater8, 

or whsa suoh disaharga beoamu a msnaoa to 

the bathing plaoed in 8uah watara; and provided further that drain ditahas, vhers warts 

011 find8 its way into water dour808 or publla 

bodies of vater, ohall bo @quipped 81th trap8 

of sufriolsnt oapaoitr to armat ths flew of 

Oil. In 80 Snr a8 oonoarnn the pr0teotlon of 

fish and oysty, the Mama, Fllrh and Oyster 

ColamisPioner , or his deputies, may hato jurirdiotion in the sixforosmant of this ehaptor. 

A violation of any of the prmlalons of thl# 

ohaptsr shall bs punished by a fins of not 

less than ens hundred dollars and not more 

than one thousand dollara. When ths offsnsa 

shsll have been aommltted by a~ firm, partnsrship or aasooiation, eaoh mombar thereof who 

has knowlsdgs of the QOfAViS8iOn Of auoh Offense, shall be hold guilty, When, omitted 

by a private oorporatloa, tha offioers aad 

members of the bcnrd of dirsstora, having 

knowledge of the oozem~rrfon of such orfmnaa, 

shsll each ba deemed guilty; aad vhen by a 

munialpal oorporatlon the mayor and sash awnbar 
Mr. L. L. Germ, Karoh 30, 19X7, Page S 

ol ttm boerd of aldermen or co:mis8fon, having 

knowledge of the ocmmleelon of euch offense, 

as the case may be, shall be held guilty as 

rspraeentatives of the munloipality; and aaoh 

person do indioated a8 above shall be subjeot 

to the punie!wmnt provided herelnbefore; provided, however, that the payment of the fine by 

one of the persons so named ahall be n aetisfaotion of the penalty aa against his assooiat6a 

for the orfanse for whioh ho may hove been oonvfoted. Eaoh day auoh pollution is knonlngly 

oaussd or permitted shall oonstltute a separate 

offense; provided, the grorlsions of this artlale ehall not apply to any plaae or pramisss of 

sanufecturfng plants whose afilaente aontain 

no organio matter that will putrify, or any 

poisonous oompounds, or any baoterla dangerour 

to publfo health or deatruotlve of the ?ish 

life of streams or other pub110 bodies of 

water. 

L-Offlus :t Cam, Fish and Oyster Cornmiesionor was aboliehed and powera, duties 

and ?uno!lons transferred to Game, Fish and 

Oyster Ccmml8a~loa. se. Art101e 978?, post.' 

Arttole 949 of tho aode of Criminal Proasdure 

providers: 

honey oolleated by an officer upon 

reoognissanoea, bail bond8 and other obligatiooa rsoovared upon in the noms o? the State 

under any provi8ion a? this Code, and all 

tinea, forieltures, judgment6 and jury feef~, 

collcoted under any provision o? thfs Sods, 

shall forthwith ba, paid over by the ofiioers 

oolleoting the name to the oounty treasurer 

of the proper Bounty, arter first deduoting 

therefrom the ls$al fee8 and ooamissfons ?or 

collecting the same.* 

Article 912 o? the Panel Code made! a8 follorst 

*It shall be the duty of any juatioa Of 

the pesos, olerk of any oourt, or any other 

of-ricer of thisState, r6osiring any rins or 
BBr. L. L. Germ, Maruh 30, 1939, Page 4 

penalty imposed by any oourt for violation 

of nny of the laws of this State, pertainin? 

tc the protectl~a and conservation of wild 

birds, wild fowl, wild animals, fish, oysters, 

and other wild life, within ten days from and 

after thr; reaelpt or oolleotlon of suohilno 

or penalty, to remit same to the Gome, Piah 

ana Oyster Commiseion at huetin, givinfl aooket 

number af oasc, name of person flr,ed, and 

section or erticle of the law under whioh oonvlotlon was scoured, when suoh laws are required 

to be enfo>-ted by the Game, Fish ant, Oyeter 

Comlission." 

Artiole 4085, Retieed Civil Statutes, real8 

*a iollws: 

*Of all finss oolleated for infraotlon 

of the fish and oyster law8, ten per oent 

shall go to the proseouting attorney, and 

the residue thereof ehall go to the general 

fund of this State. All funds aolleated 

by deputy aosuaisslonsro along the ooast for 

register aertlfio*tee, 11oen8e8, and rents for 

Locating private oyster beda, and such other 

charges relating to the fish and oyster laws 

as may be presoribed, shall be by suah deputies paid over weekly to the Covmissloner, 

who Inturn ahall deposit the same monthly 

in the state Treasury to the credit of the 

general revenue fund.* 

A oopy of the original informatiou whioh la 

attached to your inquiry contains three counts, all 

baaed upon various portions of krtiole 698 of the 

Penal zoae. The first oount aharges generally the 

pewtion of the 3avasota Eliver by aesting, etc., 

polluting matters therein. The seoond oount chargea 

a pollution of the Savasota River and further alleger 

that 8ome river weter was then and there taken for the 

use of farm live etock and for drinking and domeetlo 

purposes and the thtmd oount ahergee the failure of 

defendant to equip end maintain his drain ditohes with 

proper traps. There is no allegation in the information 

that the alleged pollution was harmful to aquatio life 

or marine organisms. \Ve do not find any allegatlon whloh 
Mr. L. L. Ceren, Maroh, SO, 1939, Page S 

we oan oonstrue as an infraation of the Game and Oyster 

Laws or any OS the laws of this state pertaining to the 

protection and conservation OS wild birda, wild fowl, 

wild animals, fish, oysters anG other wild life. 

:re think that the provisions of’ Artiole 698, 

Fenal Code, tyiving to the Came, Fish ana Oyster Commission 

juriadlotlon in the enioroement of this chapter insofar 

ae it oonoerns the proteation oS Sleh and oysters, by 

inference, denies to that department juriedlotlon in the 

enlorcsment of that ohapter ineofar as it does not oonoern the protection OS fish and oysters. 

krtiale 949, Code of Criminal Proaedum, l p r a , 

la the general law laid down by the Legislature oorering 

the dispoeltion OS Sines oolleotsd by an oifloer and 

should be followed in the absuuos of any statutes pertlnent to the proseaution &n question. Wo have been uuablo 

to find any statutes under whioh the Commission is making Its olaim for 90$ of the Sines now in your oustody. 

We oonalude that euch claim la based upon Artiole 4025, 

Revised Civil Statutes of Texae, Artlole 9s-t of the 

Penal Code and Artiale 698a of the Penal Code. 

Artiole 698e ot the Penal Code provldee for the 

remission OS fines aolleoted thereunder to the Commission. 

This Article is separate and distinot from Artiole 699 

of the Penal Code and differs materially therefrom in the 

orlminal acts it seeks to prohibit. We are of the oginion that the provisions in Art.1019 098a providing for the 

remission oSfines Lmpoaed for vlolatione of that act 

to the Game , Pish and Oyster Comalsaion has no applloation to Si!lea imposed for violations of Artiole 698 OS 

the Penal Code. 

Aftor an examination of Artiale 698 of the 

Penal Code, we find that t3ia statute sets forth and deSims several different criminal offenses and find only 

one provision whioh oan be oonetrued as a fish and 

oyeter law or provision pertaining to the proteotlon 

and oonaerveticn o:f wild birda, wild fowl, wild ahiaals, 

fish, oysters and other wild life. Thut provision is: 

"That no oity located on the tide water 
Er. I.. L. Germ, ?Aareh 30, 1939, Page 6 

shall discharge or permit to be disoharged 

sewerage, oil or any other effluents Into 

pub110 tide water8 of this Stats when suah 

discharge will become a menaoe to or on&anpars the otster beds or fish life in suoh 

waters....C 

The infomatlon does not expressly or by Inference charge e vlolatfon of the above quoted provi81 cr.* : 

ln view of the foregoing statutes, you are 

respeotfully advised that it la the opinion of this 

Department that money oolleeted as fines &a' oaaea proaeouted under krtiole 698 of the Penal Cede should be 

deposited with the County Treaeurer In the county *hera 

auoh oaaea are tried after deduotlon of the legal faa8 

and ooncnIesIons ellowad foroolleoting the aama and 

that the &me, Fish and Oyster ComsAesIon Is not antltled to sny part of suoh fines exoept in aasea when 

there Is a viol&Ion of the Wee and Fish Lawe and the 

oomplaint and fnformatlon ia filed oharglng auoh riolati one. 

Trusting that the for*gofne answera your inquiry, we relaaln 

Very truly youre 

BJw/G2i..IA 

Ardell "illfans 

hsel.atant