Case Information
*1 OFFICE OF THE AlTORNEY GENERAL OF 6. Hood, Chairman Game Plah & Oyster Comdrdoa
Austin, Texas
Dear Sir:
Pi8h & Oyster thorlty to en- 518, Aots 46th lar Session.
16th wherein you request our opi ether the Game, Plnh k Oyster Co 0 enforoe House Bill 5lS, pamed at t
earing on page 834 of the a 46th Lsgielature, Re&ular 11 be unlawful for any person to from, or to depoalt or leave any or bait upon,. the surfaae or way, or bridge located on any hlgh- ng malatained by the State Highway dcak or road mrfaae.*
seatlon 2. *Any person who shall violate the term OS this hat shall be deemed guilty of a miede- meanor and upon aonvlotion shall be fined not 1888 than One Dollar ($1) nor more than Plfty Dollar8 ($SO).” *2 , . E. !7ood, Page 3
zaation 3. *The 3tate iIlghmy ComIsoIcn, through and by lta authorized agents or representa- tives, Is hereby Instnrotad to post sl~ns on every causeway, bridge, or structure ofreoted by this Act.”
Section 4. “The fact that the practice of fish- ing from oauseways and bridges located GII state win- highways Ie a great hazard to the welfare of talned tha traveling publfo and the persons why angege In such Slehlng creatas an emargancy and an Imperative public neoesslty deaandlng that the Constltutlonal Etule requiring all bills to ba read on three several days In each Rouee be suspended, and the same Is hereby suspended, and this Act shall be in loroe and effeat Trcm and after its pamafia, and It is so en- aoted.*
The gansral saope oi authority deleg:lted by the Legls- leture to the Game, ?Ish & Opater ComnlssIon is that Sormer@~ by the Game, Fish Cc Oyster ComzIseIonar, which author- exercised ity was defined by Article 4018, Revised Civil 2tatutes of Texae, 1925, In the following language:
*The duties of the Comlssionar shall be in the of the laws relating to game, fish, oysters execution and mrine lire, and such furthar duties as are Im- posed upon him by leglslatIon.P
It Is our opinion that the etiorcement of Efouse Bill 518 does not oome within the general scope of the authority vestod In the Game, Fish 6. Oyster: Cmmles~on for the following reasons:
1. The apparent purpose of the Aot la to secure the safety of ths travelfag public and the persons who fish from bridges and oauseways. This purpose la clearly set out in Seotlon 4, or the Smerganoy Clause of the Aot.
2. The fact that the Act expressly pamlta fishing “from onp seation or suoh structure other than the deck or surface* indicates that the Legialsture la posslng thie hat was not oonaarned with nor intended tq protaot m~rlns life, but was ocnoernad solely with the safety of persons. *3 . . -
r
Iionorable A. E. %ood, Pege 3
3. The ract that by motion 3 the Legislature Int- posed a duty upon the Stats XI&may Comiaaion with reter- enae to the acaomplIshment of the purposes of this Aot further Indioatee that the Leelslaturs did not intend, by House Bill 518, to Impose additional dutlaa upon the Game, Pleh & Oyster ComnIsaIon.
Yours very truly ATTORNEY GENEEML OF Aesiatant APPROVEDOCT 25, 1940