Case Information
*1 R-662 Au&ast 159 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 fIl lWSPOlL9e to .YoUr reqlrret romm: dated nay lb., 1947o dfoh reads es
thrriror,
“This department is now proceeding with the construction of a marine labor- atory at Bockport, Texas 9 the building bsizlg erected 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 ,where our laboratory building.
is bring ~arsdmL It fs fnformslPg m- pgtsd to ma, thst the City of B0ckpor.t ~CJ& not have surrfcfent idi3 to bum a sewerage lfnr rrom the present lfns~ to meet our property, ana ,%n this event we will be without sewerage @onneot%on UII- le.ss the line is Paid a% then exflnse Of.
this department.
“1. Can the Game, Fish and Oyster ~Commissfon legally bear the cost of ley- fng esfd sewerage &fna from the labor*- tory, looatfon ~conne,atfng with the afty *2 V-3&,6,
sast3ment tights Qn tkkr umrvenwg property?
“21 fr the mI?Iawer to the ffrst qugs- ‘tSon is in the @.ir$xmative, may the Gscsj ?i,sh anel Bpatsr Comiss9on lagally turn ov,er to the City 81 Rookport said seweraga li,ne to be maintained and spar~ratad by al- lwing the ,CIJ.t,y or Raakport to apply thrir regular sclwe,rags oonneotion oharge against the cost this department will bear of lay- ing the line untrl such time as the cost ef this e,srmnectfon has bean amartfzed?* Article &330, V, C. S., reads %a fellows: u%ieO to carry WC and anlorae the proTisiens or thia Aot v * @lnph%s~s aupplfCa)* “The roregoing 8pdrf0 IIaorlmt8, h a. muck thereof as uy be used, are hirrby a i . prepriatrd for tke purpoaea ab ove l umere l d e and shall be peid sut of’ either the Special @err an4 ?&a& %td a~: t&g PPsd&aa Lake Fund 9 *3 Hen, Hq P, Ddgen, Page 3, V-346.
and all money to the oredit of these spsoial funda on haad in the State Treasury on Septam- her 1, 1947, together with the ourrent reve- nues to be derived and pleoad to the credit of these special funds during the next ensa- ing two years ending August 31, 1949$ %re hereby appfogriated for the purpose of pro- tecting, purchasing, propagating, trapping, distributing and 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 dissemination of in- formation pertaining to the conservation, pro- pagation, distribution and 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 hatcheries and 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- vestigations and aumrys of marlW m;. e 6w ?Zmphssis supplied).
Opinion No, 0-6935, of this department, which was addressed to you, construed a rider on the .approp- rfstion bill for the biennium ending August 3l., ta the effect that the Oame, Fish and Oyster Ccmmissi0n may alpend moneys to construot a building to house a Marine Laboratory.
Inaamu& as your propos8d construation anil maintonarce of "srvsral hundred fret* of sewerage line to oaiaect with the sewerage system ol Btoakpsrt, Texas, is nearasary and essential to the proper functfbning 0f a Marine Laboratory, its construati0n is authorized by virtue of the same authority by which y0u a00urrd thr
l rpatmal easements to the land upon which the Marilr Ea boretory 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$fio fn- vestigations and surveys of the principal 80s food f&h- esand #&Brine Jifr fo,r nurnose of the better pMtsotio% *4 Ha. H. D, Doagen, Page 4, V-346O tien or same." This statute has been pre-
rptated 'b thhfs department in Qpi&on O-7262 Irg the oo!ktruction by the Co~rmiseion or a Madne frsbaratrory building, and the purahaao of land on whloh to are t such building. In that opinion the daoi- sion af the 8a xaa Suprema Court, in Herring va. floust*n .r?atoma1 #x &B~+IZO Bank, 269 8. w. 1031, was r&owed, wb in th# C rt held that the prison eommiasion, hay- in$ut50rity"tuo purohase a mill plant had InQJlird au- thorlty tb pur@haso the land upon whfci the mfll was la- oat&
Your first question fa therefore answer@ 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 kt ate @ama, Fish and Bgster Uom- misefNkap Ion it shall brcaao unf’llt fer use no longer nes4ePg sbtill br sold or shtl ts Shard of Central at public auc- by tho 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 A6ts l.935, l&h roprrtg BoXdO was paid. 1. go9 po 661, ch. 276." 100 autho*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 authorizing t&r disposal you proposes whioh would prr- oludo its use.,
I Your seoonil qurstion 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., 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 connection charge of the City of Reakport against the cost of laying the sewer by the Commission in order ulti- mately to turn tha sawer over to the oity .
Yours very truly ATTORNEYGENERAL OFTEXAS PJC:jnc