Untitled Texas Attorney General Opinion

_: I.: OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Qw, Vish and Oyster Conmdssion us tin, Texas QetAtlemen~ Attentlont Mr. Vm J Tucker (\ 1, Opi.tionX0. 9+984&A 4. \ Re: Whether +-W&t-,look plants are oold storqe plaws, s de- y Artitle 9 , aal a ve h&we your let an opbion upon the above subjeot matter, as f fish wardens Z'eoordbooks loyse of slwh misdemeanor 8nd ned in a sum not han $800.00 if he eoord or refuses to per&t a en to inspeat such plant. plants are in operation at tackers are rented riclualsat so much per month or per anuum. The lessee is furnished with a kq to his locker; the operator of the plant may or may not possess a key to the looker. *Are these 1OOkQr plants oold storage plants 8~ defined by the Artiole cited above and would a game and fish warden have author- ity to searoh these private lockers without a search warrant if he had good reason to believe that game animals or game W.rde were stored in them?* Q81pe, Iish and Oyster Com~&eeion - page 2 I Article 809 of the Penal Gode, so far as pertinent, r&8 *It shall be unlawful for any person to plaob2in any PbUc aold storage plant, or for any operator or employee of any such cold stor- age plant to plao,eor aooept for placing in suah sold storage plant, any game bird or game aniaml of this Gtate at any time sseept during the open season prwided for the taking of same and for a period of three day8 hmediately thereafter. sl'heowner or operator of any public oold storage plant, which intends to aeospt or &oss aooept, any game bird or game animal of this State for storage, before aassptlng same shall prwide a book in whioh he shall keep a legible reosrd Such rsoord shall show the name of each l and every person plaoing any game bard or game ax&ml on storage in suoh pblio cold storage plant, the name of the person for whom it is plaoed on storage, the number of same, the Id& of game bird or game animal plaoed on storage 8nd the d8te oa rhioh suoh gaussbird or game anirpl is plaoed on storage. Mr the purpocre of this dot, anj plant in which gams is stored for any person, other than the owner of suoh plant, Is hereby defined as a pub110 oold stor- age plant0 Any public cold storage plant, or the reoord book required to be kept in euoh a plant, shall be subfect to inspeationby any gaaa and fish warden OP this State at any time and no warrant shall be required therefor.* It Is our opinion that the locker plants described' by you are cold storage plants, umlsr this Mtiole, and our oenoluslonIs impelled by the following language therein; lo +?+ For the purpose of this Ad, any plant in Which game is stored for any person, other than the owner of such plant, is here- by deffned as a public storage plant. + * sa Furthermore,we think the plain letter of the statute authorizes any gam% an& fish warden to searoh suntch private lockers.withouta search warrant, that language being+ "Any public cold storage plant, or the reoord books required to be kept in such a plant, shall be subjeot to inspeotionby any gams and fish Mrden of this State at any time ahd no warrant shall be required there- for.9 Suoh right of search is not in violation of lrtiole 1, section 9, of the ~onstltution, forbidding unreasonable searoh and eeiaure, as evidencedby the following authorities: Hew Way Lumber Co. v. Badth, 06 8. V. (2) 292; Moore Y. Adams, 91 6. V. (2) 447; Blaokburn v. State, 66 8. I. (2) 697i InterstateFonarding Co. v. Vineyard, Tax Assessor, I9 8. We (2) 4Q3; Same ease, 3 9. w. (2) 9Wl Pence v. State, 899 8. ‘1. g42j Battle v. State, 299 8. V. 792j ICarrv. Baldwin, 87 Fed. (2) 268. of course, such searoh may not be arbitrarilyside wttbout the existmoe of reasonable grounds or belief es a basi8 therefor. See the foregoing authorities,likewise Qhapin t. State, 396 8. W. 1996. Trusting that this will be a suffioient answer to your inquiries,we are very truly yourm ATTbRIIIZTGiBWRAL W T,2X@ &; J& BY Ooie s(peer Assistant 0S-MR