Case Information
*1 402 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 8t qu46ti0n, ~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. 54150 and 54210-3, Vernon*a Arta. 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 l xpreaa powers. 34 Tax. Jr. 443-444.,The Constitution of Texas, in Sea. 8, Art. VII, provides that the State Board of Eduastloo *shall p4rform by law." ~4 have aarerully suoh duties aa nap be preaaribed studied the Tsxoa stetutea, partiaulerly Art. 2675b-5, dealing end dutiea of the State Board of Eduaation; end, with the powers rind no provision tiich would either expressly,or by impliaa- we tion, suthorlas such Boerd to issue a permit to conduot seiamo- graph operetioas. we do not here pea8 upon the authority of Although
aom other State 4genog to grsnt such a permit, we or11 to your attention the atetutea authorizing ths Cammiasioner of the General Land 0fl"iae and 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..the mmtera of thia -Stat4 (Art. 924, Tex. Penal Code), and the Fish and Oyster 8ba6ute giving the Qame, Comiasion oartain $ariadlotloir over Bboh bays inaorar aa their use arreota the oonaervstion ot marina llte,(Art. 4026, Vernon’s Aanotatsd Texas Statutes).
Tour8 very truly, ATTORNXT GIWWAL OF TXXAS