MARK WHITE 

Attorney General 

SUpfWbS &Urt hik,inQ 

P. 0. BOX 1254S 

Austin. TX. 78711. 2548 

512l4752501 

Telex QlCUS74.1367 

T&copier 51214750266 

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Dallas. TX. 75201.4709 

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El Paso. TX. 799052793 

91515334464 

1220 Dallas Ave.. Suite 202 

Houslon, TX. 770026988 

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Lubbock. TX. 79401-3479 

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McAllen. TX. 7S501~1SS5 

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San Antonio. TX. 782052797 

51212254191 

An Equal Opporlunityl 

Affirmative Action Employer 

The Attorney General of Texas 

MSY 14. 1982 

Mr. Elof Soderberg 

General Manager 

Lower Colorado River Authority 

__- 

Opinion No.MW-468 

Re: Exclusion of public from 

I’. 0. BOX 2ZlJ lands designated for use as an 

Austin, Texas 78767 archery range by LCP.A 

employees 

Dear Mr. Soderberg: 

You have asked whether the Lower Colorado River Authority 

(hereinafter LCRA) Board of Directors may lawfully designate a certain 

area as an archery range for the use of the LCRA Employees Club 

members and, their families. The area In question is located on land 

which was closed to the general public by the authority in 1976. 

Your question concerns the applicability of two sta'tutes: (1) 

section 18 of the LCRA Act, and (2) section 62.081 of the Parks and 

Wildlife Code. 

Section 18 of the LCRA Act, Acts 1975. Sixty-fourth Legislature. 

page 179, chapter 74. section 1, effective April 28. 1975, reads. in 

pertinent part, as follows: 

The district shall not prevent public use of 

its lands for recreation purposes in fishing 

except at such points where, in the opinion of the 

directors, such use would interfere with the 

proper conduct of the business of the district or 

would interfere with the lawful use of the 

property.... 

As noted, the land in question was closed to the public in 1976, 

presumably because the authority determined that public use "would 

interfere with the proper conduct of the business of the district." A 

question could arise as to whether the proposed use of the land would 

be consistent with the authority's determination that the area is not 

proper for public use. In other words, it might be argued that the 

authority could not prevent public use of the land and at the same 

time allow its employees to use the land. In our opinion. however, 

the question of whether allowing use of the land by its employees 

would undermine the authority's position that the lands may properly 

P. 1635 
Mr. Elof Soderberg - Page 2 (MU-468) 

be closed to the public is a question of fact to be initially 

determined by the board of directors of the authority. The board of 

directors should direct that the board minutes reflect the board's 

reasoning and rationale in making its determination. 

Section 62.081 of the Parks and Wildlife Code reads as follows: 

Except as provided in Section 62.082 of this 

code, no person may hunt with, possess, or shoot a 

firearm, bow, crossbow, slingshot, or any other 

weapon.on or across the land of the Lower Colorado 

River Authority. 

Section 62.082 provides that: 

(a) The Board of Directors of the Lower 

Colorado River Authority may lease river authority 

land to be used on a nonprofit basis for a target 

rifle or archery range only and not for hunting. 

(b) A member of the boy scouts or the girl 

scouts or other nonprofit public service group- or 

organization may possess and shoot a firearm, bow, 

and crossbow for target or instructional purposes 

under the supervision of a qualified instructor 

registered with and approved by the Lower Colorado 

River Authority on ranges designated by the Lower 

Colorado -River Authority. This subsection does 

not permit hunting by any person. 

"bow, 

Section 62.081 expressly prohibits individuals from possessing a 

crossbow... or any other weapon" on land owned by the LCRA 

except as permitted by section 62.082. Under that section, the Board 

of Directors of the LCRA may lease river authority land to be used on 

a nonprofit basis for an archery range. It may also authorize 

"nonprofit public service" groups or organizations to possess and 

shoot bows or crossbows for target or instructional purposes under 

certain conditions. 

Sections 62.081 and 62.082 are clear and unambiguous. 

Accordingly, the answer to your question is that the proposed use of 

the LCRA land in question would be permissible only under either of 

the conditions specified in section 62.082. You have not presented 

any facts to indicate that the LCRA Employees Club is 'a "public 

service group or organization." If the club is not such an 

organization, the remaining alternative would be to lease the land to 

the Club under the authority of section 62.082(a). 

p. lb36 
fir. Elof Soderberg - Page 3 (MW-468) 

SUMMARY 

The Lower Colorado River Authority Board of 

Directors may lawfully authorize the use of LCRA 

lands closed to the general public as an employees 

archery range if it finds that such use is not 

inconsistent with its position in closing such 

lands to the public, and if the requirements of 

sections 62.081 and 62.082 of the Parks and 

Wildlife Code are met. 

MARK WRITE - 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Eva Loutzenhiser 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan I,. Garrison. Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Shawn Jamail 

Jim Hoellinger 

Bruce Youngblood 

p. 1637