154
OFFICE OF THE AlTORNEY GENERAL OF TEXAS
Honorable A. 6. Hood, Chairman
Game Plah & Oyster Comdrdoa
Austin, Texas
Dear Sir:
Pi8h & Oyster
thorlty to en-
518, 46th
Aots
lar Session.
16th wherein you
request our opi ether the Game,
Plnh k Oyster Co 0 enforoe House Bill
5lS, pamed at t
earing on page 834 of the
a 46th Lsgielature, Re&ular
11 be unlawful for any person to
from, or to depoalt or leave any
or bait upon,. the road surfaae or
way, or bridge located on any hlgh-
ng malatained by the State Highway
dcak or road mrfaae.*
seatlon 2. *Any person who shall violate the
term OS this hat shall be deemed guilty of a miede-
meanor and upon aonvlotion shall be fined not 1888
than One Dollar ($1) nor more than Plfty Dollar8 ($SO).”
, . 155
Honorable A. E. !7ood, Page 3
zaation 3. *The 3tate iIlghmy ComIsoIcn,
through and by lta authorized agents or representa-
tives, Is hereby Instnrotad to post sl~ns on every
causeway, bridge, or structure ofreoted by this Act.”
Section 4. “The fact that the practice of fish-
ing from oauseways and bridges located GII state win-
talned highways Ie a great hazard to the welfare of
tha traveling publfo and the persons why angege In
such Slehlng creatas an emargancy and an Imperative
public neoesslty deaandlng that the Constltutlonal
Etule requiring all bills to ba read on three several
days In each Rouee be suspended, and the same Is
hereby suspended, and this Act shall be in loroe and
effeat Trcm and after its pamafia, and It is so en-
aoted.*
The gansral saope oi authority deleg:lted by the Legls-
leture to the Game, ?Ish & Opater ComnlssIon is that Sormer@~
exercised by the Game, Fish Cc Oyster ComzIseIonar, which author-
ity was defined by Article 4018, Revised Civil 2tatutes of
Texae, 1925, In the following language:
*The duties of the Comlssionar shall be in the
execution of the laws relating to game, fish, oysters
and mrine lire, and such furthar duties as are Im-
posed upon him by leglslatIon.P
It Is our opinion that the etiorcement of Efouse Bill
518 does not oome within the general scope of the authority
vestod In the Game, Fish 6. Oyster: Cmmles~on for the following
reasons:
1. The apparent purpose of the Aot la to secure the
safety of ths travelfag public and the persons who fish from
bridges and oauseways. This purpose la clearly set out in
Seotlon 4, or the Smerganoy Clause of the Aot.
2. The fact that the Act expressly pamlta fishing
“from onp seation or suoh structure other than the deck or
road surface* indicates that the Legialsture la posslng thie
hat was not oonaarned with nor intended tq protaot m~rlns life,
but was ocnoernad solely with the safety of persons.
r . . -
156
Iionorable A. E. %ood, Pege 3
3. The ract that by motion 3 the Legislature Int-
posed a duty upon the Stats XI&may Comiaaion with reter-
enae to the acaomplIshment of the purposes of this Aot further
Indioatee that the Leelslaturs did not intend, by House Bill
518, to Impose additional dutlaa upon the Game, Pleh & Oyster
ComnIsaIon.
Yours very truly
ATTORNEYGENEEML
OF TEXAS
Aesiatant
APPROVEDOCT
25, 1940