". .
WE ,L~TTORNEY GENERAL OFTEXAS
March 27, 1972
Honorable Bill Warren opinion No. M-1182 County Attorney Shelby County,~Courthouse., Re: Whether it is lawful P. 0. BOX 627 for any person to make Center, Texas 75925 use of a dog or dogs in hunting, pursuing, or taking deer: in any portion of Shelby Dear Mr. Warren: County, Texas-
You have-requested, an opinions of this office on the following,,-question,rephrased:
Whether it-is lawful for any person to make use~of a dog , pursuing, or taking deer fin any portion of Shelby County,, Texas?
The answer to your question requires us to consider and harmonize: two different . These are:
(1) Article 880, Vernon's Penal Code, first enacted in 1925, and last.amended-.by~Acts 62nd Leg. R.S. 1971, Ch. 543, p. 1855 reads as follows:
"Section 1. It is hereby declared unlawful for any person.-or personseto~make use of a dog or dogs,.in the:.hunting-of~.ourpursuing~or taking of any deer,. Any,:personor~,persons owning or con- trolling,any dog*-or-dogs and~who permits or allows such.:dog*.or.dogs::to.,.,run; trail, or pursue zany deer at.any:.~ of a misdemeanor, and~ ,~in-anysum ofnot, lessthanTwenty-fives Dollars ($25), and not more than;-Two-Hundred-Dollars ($200); pro- vided;.however;;:.that~this.-article~shallnot ~apply
-53?6- Honorable Bill Warren, page 2 (M-1102)
to the Counties of~Brasoria, San Augustine, and Fort Bend., ~And,;,.provided,further,that it shall be.Xawful,to~ uses dogs for-the. purpose of trailing a wounded-deer in.the Counties of.Concho~;Jones, Zapata, andbngelina.
(2) Article, 88Ob,, Vernon's Penal,Code, (Acts 55th Leg. 2nd C~;S., 1957 Ch. 13, p. 170):
"Sec. 1. It shall be,unlawfulfor any person,to'make use-of a dog.-or dogs in the ,hunting of'or ~pursuing.or-taking of-~,anydeer in that portion of,Shelby-County,,Texas lying and being 59 and 96,,and being that portion of Shelby County lying South. and West of,the public,,highways leading from.Carthage,inPanola.County, Texas. through Tenaha. and-Centeq in Shelby County, Texas, to San Augustine, in San,Augustine~ County, Texas at any time."
The, provisions~of Article 880 state generally that it shall,be,-unlawful.for'any'person-to.usedogs in the hunting of,or.~pursuing or taking of zany-deer.~ Certain counties are exceptedfromthe,~application of,.Article 880,but Shelby County~fs--not-one...of. those~counties: Article 880b, provides that it shall,be ~unlawful.for ~anyone'to-use dogs in the hunting-of or pursuing ortaking of deer in a specified portions of Shelby County.
In construing a'statute a~court is not restricted to the body.of the.statute.~ It may refer to~otherprovisions, such as the-caption. ,The'title may. show the legislative intent. 53 Tex$Jur. 248, "Statutes",Section 168.
Every provision, clause, or word-of an act wills be con- strued with, reference-to, its leading idea, orgenexaf purpose, and~broughtso far.as~,possPble.%ntoharmony~,therewith. Thus, where a.statute-,is,desPgned.to afford a remedy for existing evils; it should.be,-given,such interpretation as will afford a reasonable,.remedy; ~"Contrariwise:, a construction- that is repugnant to,~the object of~the law or that,will defeat, thwarti'or.unduly~limft its,plainpurpose, will be avoided. 53 ,Tex.Jur;2d; p.237; "Statutes",Sec. 163.
,-5377- . .
Honorable Bill Warren, page 3 (M-1102)
It is therefore most significant to view the language of the caption and-other.language,in the body of Article 880b, as enacted.in 1957, to determine whether the legis- lature intended to impliedly authorize the use'of dogs in hunting of deer in a portion of Shelby County, thereby creating an exception to, the general, provisions of Article 880. The caption reads