402
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEY GENERAL
ttata Board of Eduoatlon
Austin, Texas
Dear Sirs:
requesting an opinion or
this department
01 Board* is meant the
Ftate Board of inroltea two questiona:
the Texan otir Coast?
a neaessary, does the -*ate Board
atlon have authority to issue suah
8tqu46ti0n, ~4 4n4~4~in th4 4rrinrstir0.
ysr Inlets and arms of the Gulf of Mexioo
ng ben4ath them belong to the State, oonstitut-
ing pub110 property that ir held in trust for thr us4 and bane-
rit of the people. 44 T4r. Jur. 125. Suoh landa and the mineral
estate therein hetc been set apart and dedlaetsd to the publla
tree nohool fund OS this State. Arta. 54150 and 54210-3, Vernon*a
Annotated Texas Statutea. IP an operator enters upon the gland
of another without p4rmlaalon and sets up his instruments to
teat such land, he is guilty of trespass. Cumners,Oll and Gas
403
State Board of Eduoation, page 2
(perm. ed. ) Sea. 659. The operation of the seismograph m-
quirea the use of explosivea to oreate vibrations of the
earth'8 orust. In our opinion, the aonduot of asismogrsph
operetiona in the bays in question, without the Stats's
permission, would aonatitute a treepass.
However, th4 aeaond question must be answered in
the negative. Publio officers and hoards have cnly those
powers whlah are 4xpr4aaly oonferred and those whioh are
reasonably neoesaary to efieotuate their lxpreaa powers. 34
Tax. Jr. 443-444.,The Constitution of Texas, in Sea. 8, Art.
VII, provides that the State Board of Eduastloo *shall p4rform
suoh duties aa nap be preaaribed by law." ~4 have aarerully
studied the Tsxoa stetutea, partiaulerly Art. 2675b-5, dealing
with the powers end dutiea of the State Board of Eduaation; end,
we rind no provision tiich would either expressly,or by impliaa-
tion, suthorlas such Boerd to issue a permit to conduot seiamo-
graph operetioas.
Although we do not here pea8 upon the authority of
aom other State 4genog to grsnt such a permit, we or11 to your
attention the atetutea authorizing ths Cammiasioner of the General
Land 0fl"iaeand the Sohool Lend Board to lease the bays along the
Gulf for the produation of minentla, (Arts. 54210-j and 5421a-5,
Vernon'8 Annotated Civil Statutes) the pens1 atstute prohibiting
the use or explosives ja..themmtera of thia -Stat4 (Art. 924, Tex.
Penal Code), and the 8ba6ute giving the Qame, Fish and Oyster
Comiasion oartain $ariadlotloirover Bboh bays inaorar aa their
use arreota the oonaervstion ot marina llte,(Art. 4026, Vernon’s
Aanotatsd Texas Statutes).
Tour8 very truly,
ATTORNXTGIWWAL OF TXXAS