Texas Attorney General Opinion: V-1352 Page: 4 of 6
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. William L. Taylor, page 4 (V-1352)
16 C.J.S. 1094, Constitutional Law, Sec. 536,
in discussing game statutes similar to House Bill 584
contains the following statement:
"Such a statute. . . is a denial of the
equal protection of the law if it unjustly
discriminates against any of the people of
the state, as where it grants to the inhabit-
ants of the various counties of the state the
right to take game within their respective
counties, to the exclusion of, or on more
favorable terms than, other residents of the
State; . . ."
You are therefore advised that the provisions
of House Bill 584 requiring nonresident hunters to ac-
quire a slip from the county clerk good for only three
days' hunting is unconstitutional. Section 3 of the
Act prescribing a penalty different from and more severe
than that prescribed in Article 873, V.P.C., is likewise
invalid. Ez Parte Sizemore, 8 S.W.2d 134 (Tex. Crim.
1928); Ex Parte Carson 159 S.W.2d 126 (Tex. Crim. 1942);
Att'y Gen. Op. V-1315 (1951).
In 9 Tex. Jur. 472, Constitutional Law, Sec.
55, the following rule is stated:
"A legislative enactment may be uncon-
stitutional and therefore invalid as to some
of its provisions, and valid as to others.
Indeed, it is elementary law that a statute
will always be sustained, as to portions
which are not unconstitutional, unless the
unconstitutional portions and the constitu-
tional portions are so intermingled that
they cannot be severed. The constitutional
and unconstitutional provisions may even be
contained in the same section, and yet be
perfectly distinct and separable, so that
the first may stand though the last fall.
The point is, not whether they are contained
in the same section, for the distribution in-
to sections is purely artificial, but whether
they are essentially and inseparably connected
in substance. If the two parts can be possibly
separated, the court should do so, and not per-
mit the invalid part to destro the whole law."
(Emphasis added.)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1352, text, November 20, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266170/m1/4/?rotate=270: accessed July 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.