GENERAL 

’ . 

THE A’JTORNEY 

OFTEXAS 

k$USTIS. TEXAS 7s711 

The Honorable Clayton T. Garrison 

Executive Director 

Texas Parks & Wildlife Department 

John H. Reagan Building 

Austin, Texas 78701 

Dear Mr. Garrison: 

Opinion No. H- 112 

Re: Statur of Article 947. 

Vernon’s Texas Penal 

Code, and other laws 

regulating the harvesting 

of shrimp 

You have requested our answers to three questions concerning 

Articles 947 and 978j, Vernon’s Texas Penal Code, and other statutes 

having to do with the harvesting of shrimp. Your first question is: 

“Has Article.947, ‘Vernon’s Texas Penal Code 

been superseded by the enactment of Texas Shrimp 

Conservation Act and the Uniform Wildlife Regulatory 

Act and other more recent legislation, and if so; to 

what extent 7 ” 

Since you posed that question, House Bill 833 of the 63rd Legislature 

(Acts 1973. 63rd Leg., p. 515, ch. 220) has become effective. Its § 2 

amended Article 947 and, by amending it, reaffirmed its validity as presently effective legislation. We therefore answer your first question that 

Article 947 has not been superseded by the enactment of any other legislation. 

However, as amended it now applies only to Harris, Galveston, Chambers 

and Victoria counties. 

Your second question asks: 

“Does the Parks and Wildlife Department lose 

regulatory authority over shrimp in Cameron, Brazoria, 

Jackson, Jefferson, Orange and Willacy counties following the effective date of House Bill 833, Acts of the 63rd 

Legislature, 19731” 

p. 540 
The Honorable Clayton T. Garrison, page 2 (H-112) 

House Bill 833, 0 1. amended Article 9783, V. T. P. C., by adding 

a new 0 lA to provide: 

“Sec. lA. (a) Except as provided in Subsection 

(b) of this section, this Act applies to all coastal~waters 

in this state with respect to fish, aquatic life, and 

marine animals. 

“(b) Subsection (a) of this section does not apply 

to shrimp and oysters or to Harris, Galveston, Chambers, and Victoria Counties. ” 

The purpose of House Bill 833, as stated in its caption. was to 

include under the Uniform Wildlife Regulatory Act all coastal waters~ 

except Harris, Galveston, Chambers and Victoria counties and to make 

the provisions of Article 978j-1, V. T. P. C., applicable to all coastal 

waters with respect to fish, aquatic life, and marine animals. However, 

the caption specifically states that the Act provides exceptions for shrimp 

and oysters. 

We ,do not read the amendatory language of § 1 of House Bill 833 as 

providing that the Uniform Wildlife Regulatory Act, as a whole, should 

not apply to shrimp or ,oysters. Rather we read it as only applying that 

exception to coastal waters which had not theretofore been covered but 

which were added by g 1. It is our purpose in construing the Act to dete:- 

mine the intent of the Legislature. Any other interpretation than the on+ 

we have given immediately above would, we believe, distort the intent of 

the Legislature. Had the Legislature intended to remove entirely the authority of the Department to regulate shrimp and oysters in all waters subject 

to the Uniform Wildlife Regulatory Act, it could have easily done so in a frvr 

less circuitous manner. 

It is our opinion, therefore, in answer to your second question, that 

in all of the counties you have named, shrimp remain subject to the regulstion of the Parks and Wildlife Department through the authority conferred by 

the Uniform Widlife Regulatory Act. Article 978j-1, if this authority existed 

under the Act prior to its amendment by House Bill 833. However, the Actt 

p. 541 
The Honorable Clayton T. Garrison, page 3 (H-112) 

in $ 3(c) (1) provides that in four counties, including Jefferson and Orange, 

shrimp are not included in the term “wildlife resources. ” The Department, therefore, did not have regulatory authority under the Uniform 

Wildlife Regulatory Act over shrimp in those counties before or after the 

effective date of House Bill 833. 

However, Acts 1963, 58th Leg., ch. 339, p. 894, applying to Orange 

and Jefferson counties, authorizes the Game and FishCommission to regulate the taking of shrimp from coastal waters of those counties. The rights 

are the same as those conferred upon the Department by § 2 of Article 4075b, 

V. T. C S., the Texas Shrimp Conservation Act. Therefore, with the note 

that Orange and Jefferson counties are regulated under the Shrimp Act 

rather than the Uniform Wildlife Regulatory Act, it is our opinion that House 

Bill 833 did not deprive the Parks and Wildlife Department of regulatory 

authority over shrimp in Cameron, Braaoria, Jackson, Jefferson, Orange, 

and Willacy counties. 

Your third question asks whether House Bill 833 repeals, amends 

or modifies the authority granted the Department under various statutes 

including Articles 9783 and 978j-1, $13~. V. T. P. C., as amended in 1963. 

Article 978j of the Penal Code is a compilation of special laws applying to various counties under the title: “Local Game and Fish Laws”. Acts 

1955, 54th Leg., ch. 80, p. 363, is one such law applying to the waters of 

the Laguna Madre lying within the counties of Cameron, Kenedy and Willacy, 

and making it unlawful to take from those waters any speckled trout less than 

12 inches in length or any flounder less than 12 inches in length or any redfish 

less than 4 inches in length. We seenothing in House Bill 833 that would 

repeal or modify that Act. In fact it was especially saved from repeal by 

§ 15 of Article 978j-1. 

Section 13~ of Article 978j-1, V. T. P. C. , provides that, notwithstanding 

the powers vested in the Parks and Wildlife Commission, there is established 

in Aransas County a zone in which it shall be unlawful to use a net or seine. 

Again we see nothing in House Bill 833 (extending the effect of Article 

978j-1 to all coastal waters) inconsistent with this provision and it is our 

opinion that it is not repealed by House Bill 833. 

p. 542 
The Honorable Clayton T. Garrison, page 4 (H-112) 

Finally, Chapters 339 of the Acts of the 58th Legislature, like Chapter 

80 of the Acts of the 54th Legislature, supra, is a special law, codified 

under Article 978j of Vernon’s Texas Penal Code and applicable to Orange 

and Jefferson counties and the coastal waters thereof. We do not believe 

it was the intention of the Legislature, in adopting House Bill 833, to overrule these specific provisions applicable to the two counties. 

In State v. Jackson, 376 S. W. 2d 341 (Tex.. 1964). the Supreme Court 

had before it the same situation involving conflicts between the general grant 

of authority to the Parks and Wildlife Department, on the one hand, and 

regulation by specific legislation on the other. In holding that the specific 

legislation. controlled, the Supreme Court said: 

I’. . . It is elementary that the Legislature may withdraw from an administrative agency it has created any 

or all,of the powers delegated, for authority to give 

includes authority to take away. Moreover, delegated 

powers may be withdrawn by preemption as well as by 

express declaration. When the Legislature acts with 

respect to a. particular matter, the administrative agency 

may not so act with respect to the matter as to nullify the 

Legislature’s action even though the matter bp within the 

agency’s general regulatory field. ‘I (376 S. W. 2d at 344) 

SUMMARY 

Article 947 of the ‘Penal Code, governing seining 

for fish. green turtles, loggerheads, terrapin and 

shrimp, has not been superseded by any subsequent 

legislation. House Bill 833 of the 63rd Legislature 

(amending Article 978j-1, V. T. P..C. ) has not caused 

the Parks & Wildlife Department to lose its regulatory 

authority over shrimp in Cameron, Brazoria, Jackson, 

Jefferson,. Orange, or WiIlacy counties. Nor has it 

repealed various special acts governing game and fish 

laws in particular localities. 

Attorney General of Texas 

p. 543 
. - 1 

1 

.’ ; 

. .\ 

The Honorable Clayton T. Garrison, page 5(H-112) 

APPROVgD: 

1 

LARRY F.i YORK, p irst\Assi fant 

I 

WL- q 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 544