THE A MEY GENE 

The Honorable Clayton T. Garrison 

Executive Director 

Opinion No. H- 151 

Texas Parks and Wildlife Department 

John H. Reagan Building 

Austin, Texas 78701 

Re: Is the Texas Parks and 

Wildlife Commission 

authorized to adopt regulations pursuant to the 

Dear Mr. Garrison: 

Uniform Wildlife Regulatory Act (Article 978j-1, 

V. T. P. C. ) or other statutes for the purpose of 

enforcing hunter safety 

on small private tracts 

of land? 

Your letter requesting our opinion asks whether the Texas Parks and 

Wildlife Commission is authorized by any statute to adopt and enforce regulations providing for hunter safety on small private tracts of land. As background you indicate that, in recent years, it has become fairly common for 

people to divide a large tract of land into numerous small tracts which are 

purchased by individuals for hunting deer or other game animals. You state 

that the Department has received several complaints and, as one individual 

stated, “Bullets do not stop at property lines. ” 

As your letter tacitly recognizes, the Parks and Wildlife Department 

may only exercise su~ch powers as have been granted it by the Legislature. 

Therefore the answer to your question requires an examination of the pertinent statutes. 

The Parks and Wildllife Department, under the “po,licy direction” of a 

Commission, was created in 1963 out of the Game and Fish Commission and 

the State Parks Board, assuming all the powers, duties and authorities of each. 

Acts 1963, 58th Leg., ch. 58, p. 104; Article 978f-3a, V. T.P. C. 

p. 704 
The Honorable Clayton T. Garrison, page 2 (H-151) 

From time to time additional responsibilities have been added as, 

for instance, in 1965 when the Department was given control and custody 

over several historic State battlegrounds. (Acts 1965, 59th Leg., ch. 225, 

p. 441; Article 6071b, V, T. C. S.) In 1971, it was given certain powers over 

the Texas State Railroad. (Acts 197:1, 62nd Leg., ch. 311, p- 1249; Article 

6069c, V.T.C.S.) 

None of these statutes, however, authorized one of the predecessors 

of the Department or the Department itself to regulate the use of firearms. 

The Penal Code, Title 9, Chapter 4 prohibits the unlawful carrying of arms, 

but these provisions do not apply “to the carrying of arms on one’s own” 

property. Article 484, V. T. P. C., and see $46.03(2) of the 1973 Penal 

Code (Acts 1973, 63rd Leg., ch. 399. p, 883). 

Similarly, there were many Articles in the Penal Code regulating 

huntina and designed to protect game. Vernon’s Texas Penal Code, Title 

13, Chapter 6. Such regulationsas there were with 

used in hunting were designed to protect the hunted, 

human beings. See, for example, Articles 879a-5, 

v. T.P. c. 

reference to weapons 

not the hunter or other 

87921-6, 90:1 and 902, 

In 1971, the Legislature adopted what is now Article 6067b, V. T. C. S., 

(Acts 1971, 62nd Leg., ch. 383, p. 1403). Section ,L of the statute provides: 

“The Parks and Wildlife Commission is hereby 

authorized to promulgate reasonable rules and regulations 

governing the health, safety and protection of persons and 

property within State parks, historic sites, scientific areas, 

or forts administered by the Parks and Wildlife Department, 

as may hereafter be necessary. Said rules and regulations 

may be promulgated to govern the conservation, preservation and use of State property whether natural features or 

constructed facilities; the abusive, disruptive or destructive 

conduct of persons; the activities of park users including 

camping, swimming, boating, fishing or other recreational 

activities; the disposal of garbage, sewage or refuse; the 

possession of pets or animals; the regulation of traffic and 

p. 705 
The Honorable Clayton T. Garrison, page’ 3 (H-151 1 

parking; and the conduct of individuals which endangers 

the health or safety of park users or their property. 

(emphasis added) 

As a prerequisite to adopting a rule or regulation, $2 of the statute 

requires notice and a hearing. However, this statute authorizes rules and 

regulations applicab:te only to :lands within the custody and control of the 

Department and Commission. Cf. Attorney General Opinion M-953 (1971). 

The 63rd Legislature (Acts 1973, 63r.d Leg,, ch. 474, p. 1281) has 

authorized the Commission to prohibit the use of firearms on state property 

adjacent to state parks ,located within one mile of coastal waters of the state. 

The fact tl& the Legislature on two recent occasions has seen fit to 

expressly limit the powers of the Texas Parks and Wild,life Department and 

Commission to regulate hunting and the use of firearms to state owned property, coupled with the provisions of the new Penal Code exempting from the 

regulation of weapons, firearms used on one’s own property compels us to 

conc:lude that it has not been the intention of the Legislature to extend to the 

Department or Commission authority to adopt regulations to enforce hunter 

safety on small private tracts of land. ? 

While the Uniform Wildlife Regulatory Act (Article 978j-1, V. T.P. C.) 

gives to the Commission extensive powers to regu,late hunting so as to conserve wildlife, it does not expressly give the Commission the power about 

which you inquire. 

SUMMARY 

In the absence of expres,s legislativeauthority, the Parks 

and Wildlife Department may’,not adopt regulations f’or the I&- 

pose of enforc’ing hunter safety on private-tracts of land. 

Attorney General of Texas 

p. 706 
The Honorable Clayton T. Garrison, page 4 (H-151) 

APPPOVED: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 707