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**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Ronorable

**A. C.**  %nborn crL%InalDistrictAttorney RarrisCounty Eouston2, Texas GearSir: OpinionNo. O-6525 Re:

' Tour requestfor 'en=;+) reads in part, 3s follows:

nor anenaing Ii0 of the 46th La y thi G~overl er 11, Acts nonresident nt cozkieroi31 ses for 3ame. licenses to to nonresident st 31st of your opinion **3s** ct cencels 311 licenses ued to nonresident

ng the above inquiry as it pertains to cm131 fisherman*3license, ?Veinvite ction 1 of House Dill 683, Chapter 11, xth LeGisletuce,appenring 3s Article nnoteted Pen31 Code. **said** sectionread-
.%ec. 1. **A** *nonresidentcomercial fisherman* for the purpose of this Act is hereby Gefined **3s** folloV~s: "'Any person v&o is a citizen of **any** other stete, or **any** person who has not contlnuslly been‘-. ”

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_,_ c _.__.. -... ,i< .) flonorable

A. C, Nlnborn,Pag3 2

a bone fide resident of thia state for a period of tdme more than twelve (12) months, end who takes, catches, or assists in taking or cotching, fish or 

### shrimp or oysters or any other edible aquatic life from the tidal sslt waters of this State for pay or for the purpose ofsale, b3rter, or excb3.npe,'n Section 1 of House Bill No. 211,'Aotsof the Forty3bt.hLegislature, in emending the above quotedArtiole reads 88 follows:

Wection 1. A 'Non resident ComnercielFishermenf,for the purpose or this Act is hereby defined as follorvs: *'Any person who is 3 citizen -ofeny State, or ans DCrUOn

viho h3s not continuallybeen 3 bona fide "tihabitant

of this state for 3 bsriod of t&e more than Welvs (12) : Include partnerships, associati nonths,the word person shsll

ions 3ncicorpor3tions U&o have not continually had 3 bona fide place ofbusiness in this state for a period of ti1 16 more than twelve (12)months, and who tekes, assists iu taking or catching,fish or shrimp or oysters,or eny other edibleaquatic life from the tidsl salt waters of this state for pay or forthe purpose of sale, bertor or exchanee+(" (Emphasis

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A comparisonof the above sectionsdisclosesthat theamending legislationfunctions only to broaden the scope of those persons required 

### to hold 3 nonresidentco~mmeroiel~ fisherman's

license. This view is supported in that the Two hundred

Dollar (+200.00)

iee for such licensesremains nn

### ch3ng3a. Therefore, it is our opinion that House Bill No. 211, Aots of the Fortg-ninth Legislaturedoea not canoe1 said licenses

and those fishermenoperstinp, thereunder

may continue until AuGust 91, 1945, the normal date of expiration. )n determining

your inquiry 3s to whether Seotion 4 of House Dill Xo, 211, Aots of the Forty-ninth Legislature, canoelsall prior licensesissued on nonresidentcdnucercial fishermen's

boata, we call to your ettention that prior toJJJnorable A. C, Winborn,Pege 3

passageof the above Act, the law containedno speoific provisionpertaining to the licensingof nonresident commercial fishingboots. Resident and nonresidentoo,amercialfishercan both receiving tholr boat llcenoeaby virtue of Article 9943,Section 3, Subsection 7, V.A.P.C., sa%a subsection readingas follows:

"Fish Boat License; for boats equipped with e motor of lers‘($3).n

any kind or with sells, fee Three DolSeotions 2 and 4 of Eouse Bill no. 211, Acts of the Forty-ninthLegislnture, have made specificprovisions for thenlicensingof nonresidentcommercialfishing boats; said sectionsreodlng es follov~s:

Sea. 2. A *IJonresid&t CommercialFishing Boat' for the purposea of this Act is Imreby defined as follows: "'Any boat or vessel, which Is reglstered~in any other State, or which hasnot continuallybeen registered in this State f6r a period of time more than twelve (12) months, or which is not owned by any person,.partnership, associationof persons or corporation

which has h8d e bona fide place of business in this State for 3 period of time more than twelve (12) months, end which is used for,the' purpose of tekingj or assisting in taking or catching, fish, shrimp, oystersor any other edible aquatic life from the tidal salt waters of this Steto for pay or for the purpose of sale, barter or exchange." "Sec. 4. License for Nonrealdent Commercial Fishing Peak required;- amount of fee. Before any *Nonresident

CommercialFishing Boat' shall be used for the purpose of taking or assisting in taking or catching, fish, shrimp, oysters or any other edible aquatic life from the tidal salt waters of this State for pay or for the purpose of sale, barter or 'exchan.Se, 3 license to be knovm es 'lionresident

Co-mmeroiel

Fishing Poet License', shall first be procured from the Came, Fish 3nd Oyster Coa31aslonof Texas, or one of its authorized agents, privilegingthem.90 to do.Honorable A. C. Sinborn, Page 4

.,. ‘. .I._. : “The fee ‘fora NonresidentCoznmercial Fishing Boa’t License shall be Two Thousand Five Bundred ($2500.00)Dollars.”

: ., ..*. For a oonslderationof the constitutionality of the above sections of House Bill No. 211, Aots of the PortyninthLe&slature, rve quote from the followingauthorities: Voluma 11, Seotion 34, Ruling Case Law, page 1046, reading,in part, as follows:

“By reason of,

the fact that title to fish and Earno

within the boundariesof a state is vested in the ~onle of the state in their sovoreion capacity, ihe-Legislature bas greaterpov:er

ov& such property than it has over almost any other conznodity,

and in order to preserve such property to the people of the state, the &~vnakin&asselrlbly may cneot that only citizens of the state shall take fish from the wetersv:lthin its jurisdiotion

395; “ky, . . .

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. . . Likewise, the state( having pov;er to exclude nonresidents from fishing In the state, may grant them the privilec,e upon conditions&ifferent from those it imposeson its residentsas, for example requiri~ng a largerboat license fee.” (Emphasisadded) On this point see McCready v. Va., 94 U. S. Tieports Qroer v. Bonn., 161 I?. 3. Reports 519; People v. Setun126 N. Vi, 844, 161 &?itih. 624. Bearing in mind that the state through its sovereign Foviers may oonstitutional.ly excludenonresidents altagether fromits territorial waters,.,we

invite your attention to Vol-
. Rae 33, Section 21 of American Jurisprudence, pas!o 342, read-- in&,In pert, es,

follows: “Sec. 21. The oonstitutional inhibition

as to impairmentof .the obligationof’ aontractsdoes not extend to licenses. A license itself is not a oontractbetween ,the sovereignty

and the licensee, and is not property in ‘anyconstitutional sense. It does not oonfer a vested,permanentor absolute right, but only a personal privilege to be exarcised under existing restrictionsand such as may

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### :‘; HonorableA. C. Wnborn, Pace 5 .

thereafterbe reasonably imposed. Free latitude is reservedby the povernmentol authority to impose new or additionalburdens on the licensee or to revoke the license. Moreover, this is I& penera1 rule notwithstanding, the expondituro

of money by a licensee in relianoo upon the license. .,. a" IDnphasis added) . .On this point see State ex rel Ohsnan Ez Sons Co., Ino,, V, Starkweather,7 N. X. 26 747; Olson et al. v. State Conservation

Commission, 293 N. %. 262, 255 ':!is; 473. Thus it is seen that the state, after choosing to crant liccnsas to nonresidents,mey impose nevi or additional burdensupon these liaensoas, or may revo!ce ssid licenses altogether,

without abridging the obligations of a contraat, This being true, Article 4, Seotion 2, of the Federal Constitution, entitled the nDrivilegesand &munitios*~ clause,is the remaining fsctor to be met in our determinationof the effect of House l3111No. 211, Acts of tho FortyninthLegislature, as pertains to nonresidentco.mneroi3l fishermen's

boat lioonsos. In this oonnection, we direct your attention to State v. Ashman, 135 S. Y. 325; 123 Term. 654, a case which contains a good statementof tha .majority rule in the United States. Said statement reads as follows:

"The rights, privileges,and inmunities which are secured by this clause to the ~inhabltants of the several states do not include 8ny riflhts in the, property of the several statesheld in trust for their own inhabitants,and laws which prohibit them in whole or in part from participatingin the benefits.

of that property do not deprive-them of any constitutional rights. The majority of the states have enaoted laws prohibitingor limiting the rights of nonresidentsto take game or fish within. their respective .boundaries, and, upon the prinqiplesabove stated, thia legislation has been Invariably

upheld by all the oourts." In the light of the above oited suthorities,it is theopinion of this department that Section 4 of House Bill no.211, Acts of tho Forty-ninth ~JeGiSIStUro, cancels all_ . 1

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. : i ~onoradle A. C. i&born,‘Page 6

’ exfsting

licenses issued on nonresfdent comerolal rishing boats;the bill having become effeotiveas of April 2, 1945, bypassingv;ith

the required number of votes In eaoh house of th.e Legislatureand sipned by the Governor.

. Yours vory truly

. ATTORQq GENmL OF TEXLS

Benjaminxoodall Assistant

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