R-662
Au&ast159 1947
Eon. 3, B. Bcage~n,Executfvo Seorrtarg
Cam., rish and Oyster Commission
Austin, Texas
~pfnion NO. v-346
.
Be: Authority Or aeme$ ffah
and Oyster Comfs~ioa.~to
pay for layiy ,a.-se~req~
line rrem t,he‘:r
narine ‘.
Leboratory to.,~g
sqnnro-
tfon with the,riftHilly
sewerage lfae or thr @itg
or Rockport, Texas) an4
a related questfono
Dsar Sir;
This OpfIiiOll
fS fIllWSPOlL9eto .YoUrreqlrret
thrriror, dated nay lb., 1947o dfoh reads es romm:
“This departmentis now proceeding
with the constructionof a marine labor-
atory at Bockport, Texas9 the building
bsizlgerected on property owned by the
Navigation District at Rockport under
permanent easement granted by said dfs-
trio% about two gears ago,
The present cftgDs sewerage
line ;&‘&&al hundred reet from .,tha
location,whereour laboratory building.
is bring ~arsdmL It fs fnformslPgm-
pgtsd to ma,thst the City of B0ckpor.t
~CJ¬ have surrfcfent idi3 to bum
a sewerage lfnr rrom the present lfns~to
meet our property, ana ,%nthis event we
will be without sewerage @onneot%onUII-
le.ssthe line is Paid a% thenexflnse Of.
this department.
“1. Can the Game, Fish and Oyster
~Commissfonlegally bear the cost of ley-
fng esfd sewerage &fna from the labor*-
tory,looatfon ~conne,atfng
with the afty
2, V-3&,6,
sast3menttights Qn tkkr
umrvenwg property?
“21 fr the mI?Iawerto the ffrst qugs-
‘tSonis in the @.ir$xmative, may the Gscsj
?i,shanelBpatsr Comiss9on lagally turn
ov,er to the City 81 Rookport said seweraga
li,neto be maintained and spar~ratad by al-
lwing the ,CIJ.t,y
or Raakport to apply thrir
regular sclwe,ragsoonneotionoharge against
the cost this departmentwill bear of lay-
ing the line untrl such time as the cost
ef this e,srmnectfonhas bean amartfzed?*
Article &330, V, C. S., reads %a fellows:
u%ieO to carry WC and anlorae the proTisiens
or thia Aotv* @lnph%s~saupplfCa)*
“The roregoing 8pdrf0 IIaorlmt8,h a.
muck thereof as uy be used, are hirrby a i .
prepriatrd for tke purpoaea a b o velumer eeld
and shall be peid sut of’either the Special
@err an4 ?&a& %td a~:t&g PPsd&aaLake Fund9
Hen, Hq P, Ddgen, Page 3, V-346.
and all money to the oredit of these spsoial
funda on haad in the State Treasury on Septam-
her 1, 1947, together with the ourrent reve-
nues to be derived and pleoad to the credit
of these special funds during the next ensa-
ing two years ending August 31, 1949$ %re
hereby appfogriatedfor the purpose of pro-
tecting, purchasing,propagating,trapping,
distributingand improving the wild life I%-
sources of this State; for the rreation,leas-
ing, purchase and maintenanae of game sanc-
tuarias, publio hunting grounds and public
fishing grounds; for the disseminationof in-
formation pertaining to the conservation,pro-
pagation, distributionand economic value of
the wild life resouroes of this State; for
the purpose of purchasing land; for the oon-
struction,maintenance and operation of fresh
water fish hatcheriesand reari- ponds; for
the purpose of pboviding liring quarters and
maintenanoe of same for fish brtchery'supsr-
intendents,assistant fish hatchery auperin-
tendent8; for the making of soientific-in-
vestigationsand aumrys of marlW m;. e 6w
?Zmphssis supplied).
Opinion No, 0-6935, of this department,which
was addressed to you, construeda rider on the .approp-
rfstion bill for the biennium ending August 3l.,1947,
ta the effect that the Oame, Fish and Oyster Ccmmissi0n
may alpend moneys to construota building to house a
Marine Laboratory.
Inaamu& as your propos8d construationanil
maintonarceof "srvsral hundred fret* of sewerage line
to oaiaect with the sewerage system ol Btoakpsrt,Texas,
is nearasary and essential to the proper functfbning0f
a Marine Laboratory, its construati0nis authorized by
virtue of the same authority by which y0u a00urrd thr
lrpatmal easements to the land upon which the Marilr
Eaboretory is ffituatod,and also by virtue of thr au-
., thority by whioh the Ma@ine Laboratory itsalf Bs baipa
oonstruoted. This authority was discussed in opinion
O-69354
Artiolo 4030, V. C, S., authorizes the .O0m-
mission to use funds fcr "the making of sa?.ent$fiofn-
vestigationsand surveys of the principal 80s food f&h-
esand #&BrineJifr fo,rnurnose of the better pMtsotio%
Ha. H. D, Doagen, Page 4, V-346O
tien or same." This statute has been pre-
rptated 'b thhfsdepartment in Qpi&on O-7262
Irgthe oo!ktructionby the Co~rmiseion or a
Madne frsbaratrory building, and the purahaao of land on
whloh to are t such building. In that opinion the daoi-
sion af the 8axaa Suprema Court, in Herring va. floust*n
.r?atoma1#x &B~+IZOBank, 269 8. w. 1031, was r&owed,
wb in th# C rt held that the prison eommiasion,hay-
in$ut50rity"tuo purohase a mill plant had InQJlirdau-
thorlty tb pur@haso the land upon whfci the mfll was la-
oat&
Your first question fa thereforeanswer@ fn
the affirmative.
As to quest&en 2, Artiolr 666a-1, proriding
for sale ef property required by the Game, Fish aad'oy-
ster Commissi*n,reads 8s folPaws:
"&co 1. AU property belonging to
the Stats urchased from funds appropriat-
ed to the ktate @ama, Fish and Bgster Uom-
misefNkapIon it shall brcaao unf’llt fer use
or shtl no longer nes4ePg sbtill br sold
by tho ts Shard of Central at public auc-
tion, after advrrtising it for not lass than
fifteen (&5] days prier to,date of any sale,
in two newspapers published in the county
wherr sale of suoh property fs aada,
in the Stata Trsasury'to the credit of the
fund out of whiob the purchase money for the
roprrtg BoXdO was paid. A6ts l.935, l&h
1. go9 po 661, ch. 276."
100autho*ity providing any other prooedurr for
the sale of property aoqufrrd by the &mmission oan be
found9 and no provision is indicated in Article 6&a-1
authorizingt&r disposal you proposes whioh would prr-
oludo its use.,
I Your seoonilqurstion is thoreferr answered in
the negativs.
&ja. H. D. DcdgOn, Pege 5, v-346*
The Game, Fish snd Oyster Conunis-
sion is authorized tc pay for laying a
sewerage line from its Merine Ubora-
tory adjacent to Rockport, Texas, con-
nooting with the city line, after gain-
ing easement rights iron the intervsn-
ing property. Article 4030, Vomon's
Civil Statutes;Acts 50th Leg., 1947,
5. x8.391, page 842; Attorney General's
opinion o-6935.
The Game, Fish and Oyster Commis-
sion has no authority to apply the sew-
eraga connectioncharge of the City of
Reakport against the cost of laying the
sewer by the Commissionin order ulti-
mately to turn tha sawer over to the
oity.
Yours very truly
ATTORNEYGENERAL OFTEXAS
PJC:jnc
Untitled Texas Attorney General Opinion
Combined Opinion