Untitled Texas Attorney General Opinion

..,. . . 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