THE ~~THBRNEY GENERAL
OF%-EXAS
AUSTIN. TEXAR 78711
CRAW’IrORD C. MARTIN
AlTORNEY CsmcNERAL
February 25, 1972
Hon. James U, Cross Opinion No. M-1080
Executive Director
Texas Parks & Wildlife Dept. Re: Authority of the Parks
John H. Reagan Bldg. and Wildlife Dept. to
Austin, Texas 78701 commission persons not
employed by the Depart-
ment as non-salaried
game wardens, granting
to them law enforcement
powers as to the game
and fish laws, and
Dear Mr, Cross: related question.
Tilis is in response to the following inquiry from your
office:
"Does the Parks and Wildlife Commission or the
Uxecutive Director have the statutory authority to
commission persons not employed by the Parks and Wildlife
Department as non-salaried game wardens, granting to such
persons law enforcement powers to enforce game and fish
laws?"
Article Y78f-3a, 53, Vernon"s Annotated Penal Code, states
in pertinent part:
II
. 0 0 Such Executive Director shall have authority to
appoint such heads of divisions, game and fish wardens,
park managers, and other employees as may be authorized
by appropriations therefor and as may be deemed necessary
for executing, administerincnd carrying out the duties
and services authorized by law to be performed by the
Parks and Wildlife Commission and the Parks and Wildlife
Department, D Sti (Empiiasis added,)
We find no other authority for the appointment of game
wardens, and an examination of the current Appropriations Act
reveals no provision for the appointment of any number of non-
salaried game wardens, Even if provided in the Appropriation
Bill, it would still be necessary to have a pre-existing law
to support the appropriation,
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Honorable James U. Cross, page 2 (M-1080)
It is therefore the opinion of this office that your
department is not authorized to appoint any game wardens,
salaried or otherwise, except those authorized by the cur-
rent Appropriations Act.
SUMMARY
Neither the Parks and Wildlife Cormnission nor
the Executive Director has any statutory authority
to commission persons not employed by the Parks
and Wildlife Department as non-salaried game
wardens, granting to such persons law enforcement
powers to enforce game and fi h laws.
A
ey General of Texas
Prepared by Howard M. Fender
Assistant Attorney General
APPROVHD:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Kenneth Nordquist
Jack Traylor
iiarold Kennedy
2. T. Fortescue
SAMUEL D. MCDZMIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOW WHITH
First Assistant
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