Texas Attorney General Opinion: V-1352 Page: 5 of 6
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Hon. William L. Taylor, page 5 (V-1352)
It is our opinion that the unconstitutional
provisions of House Bill 584 can be severed from the
constitutional portion. That which remains is complete
in itself and capable of being executed in accordance
with the apparent legislative intent to fix an open
season for deer in the counties to which it applies,
independent of that which is rejected.
Your third question asks whether this law
applies to out-of-state as well as out-qf-county hunt-
ers. We feel the Act is clear upon this point. The
Act itself makes only one classification -- resident
of the county or nonresident. Out-of-state hunters
fall within the category of nonresident hunters. Since
this provision of House Bill 584 is unconstitutional,
out-of-state hunters are not specifically affected by
this Act. Their requisites for hunting are determined
by other Acts regulating hunting throughout the State.
SUMMARY
Section 1 of House Bill 584, Acts 52nd
Leg., R.S. 1951, ch. 493, P. 1195, providing
for a ten-day open season for hunting deer
in Panola, Rusk, Harrison, Gregg, and Shelby
Counties is constitutional except for that
portion of Section 1 which requires out-of-
county residents to obtain a slip from the
county clerk in the county in which he hunts
restricting him to three days' hunting, while
residents of the respective counties may hunt
for the ten-day open season.
Section 3 of the Act prescribing a pen-
alty more severe than that fixed by general
law, Article 873, V.P.C., is likewise invalid.
The wild game of this State is owned by
the State in trqst for all of the people of
the State. Hunting privileges may not be
arbitrarily granted to one class of Texassre
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1352, text, November 20, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266170/m1/5/: accessed June 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.