..,. . .
THEA~TORNEYGENERAL
OF 7rEas
FVILL WILSON
A1T‘,XSi.-EY GENERA=.
November 15, 1960
Mr. H. D. Dcdgen Opfnion No. WW-959
Executive Secretary
ffameand Fish Commission Re: Authority of the Game
Austin, Texas and Fish Commission to
expend monies from the
Game and Ffsh Fund for
the constructionof piers
into the Gulf of Mexico
or inland bays, for the
purpose of accommodating
the public in their rec-
reational fishing activl-
Dear Mr. Dodgen: ties.
Your request for an opinion reads as follows:
"The LegislativeBudget Board and the
Game and Fish Commissionhave raised the
question as to whether or not the Game and
Fish Commission;out of its existing funds9
may construct piers Into the Gulf of Mexico
or the inland bays for the purpose of accom-
modating the public in their recreational
fishing activity.
"Article 4018, R.C.S. 1925 and Article
895, V.P.C. 1925, as amended by Acts 1951,
52nd Legislature, Chapter 476, and Acts 1947,
50th Legislature, R.C.S,, Chapter 297, are
fundamentallythe basic authorityfor the
existence of and the duties of the Game and
Fish Commission.
"Chapter 23, 56th Legislature,Third Call-
ed Session, 1959, appropriatedfunds to be ex-
pended by the Game and Fish Commission,but it
does not appear that any special appropriation
was made for the expenditureof Game and Fish
Funds for the constructionof piers for the
accommodationof the public in their recrea-
tional fishing activities.
Mr. H. D. Dodgen, page 2 (W-959 1
YPherefore,we rerpectfullyrequest your
opinion PI to whether or not under the general
authority granted to the Game and Fish Con-
mission they ark authorized to expend any of
the funds from the Special Game and Fish Fund
for the conrtructlonof piers into the Gulf of
Mexico or the inland bays for the purpose of
accommodatingthe public la their recreational
fishing activity.*
The powerr and duties of the Game and Fish Commiaslon
are specified in Title 67 of the Revised Civil Statutes of
Texas, 1925, as amended (Article 4016-4075b,V.C.S.) and
Title 13, Revised Penal Code of Texas, 1925, a8 amended
(Articles871~978n-2,V.P.C.).
Article 4018, Vernon's Civil Statutes, prescribes the
general powers of the Game and Fish Commission to be the
execution of the laws relating to game* fish, oysters and
marine life and such further duties aa are imposed by legis-
lation and to examine or have examined all streams, lakes
or ponds when requestad to do so, for the purpose of s;;;king
such waters with fish beat suited to such locations.
cle 895 further provides for the purchase, Introduction,pro-
pagatlon and distributionof game and wild birds, authorizes
the disseminationof informationpertaining to the conserva-
tion and economic value of wild animal life. In addition to
the foregoing general duties of the Game and Fish Commission,
the Legislaturehas specified certain'detalledduties of the
Game and Fish Commission in the enforcementof the Game and
Fish Laws or this State.
It cannot be said that the general duties set out above
imply authorizationto construct recreationalfacilities
for the public,'such as the piers mentioned in your request
and we have been unable to find any specific authorization
which would authorize such construction. Therefore,your ques-
tion is governed by the maxim that "The express mention of
owe thisg impller the exclusion of another-" See Ellis v.
First National Dank ia Dallas, 311 S.W. 26 916 at 921.
1958) err, rer. a.r.e., and 39 Tex. Jur., “Statutes,” I 100,
p!'i8g.
Since the Legislaturehas no% authorized the Game lwd
Finh Commission to construct recreationalfacllitier, it is our
opinion that you do not have the authority to expend fuwda
from the Game lwd Flab Fund for the constructionof pier8 i8to
the Gulf of Mexico or inland bay8 for the purpose of accommo-
dating the public in recreatioaalfishing activities.
or. Ii.D. Dodgen, Page 3 @W-%9)
SUMMARY
The Legislaturehas not authorized the Game
and Fish Commlrsion to expend funds rrom the
Qame and Fish Fund for the coastruction of
pier8 into the Gulf of Mexico or inland bays
for the purpose of accommodatingthe public
la recreationalfishing activltier.
Youra very truly,
WILL WILSON
Atbormey Qeweral of Texaa
Assistant
JR:ms
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Virgil R. Pulliam
James P. Ryan
Leon F. Perek
REVIEWEDFORTHEATTORNEX QENERAL
BY: Leonard Paasmore