Untitled Texas Attorney General Opinion

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, -5286- 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 -5287-