MARK WHITE Attorney General SUpfWbS &Urt hik,inQ P. 0. BOX 1254S Austin. TX. 78711. 2548 512l4752501 Telex QlCUS74.1367 T&copier 51214750266

1807 Main St.. Suite 1400 Dallas. TX. 75201.4709 2141742.8944

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An Equal Opporlunityl Affirmative Action Employer 

# TheAttorney General ofTexas

MSY 14. 1982

Mr. Elof Soderberg General Manager Lower ColoradoRiverAuthority

__- 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 (hereinafterLCRA) Board of Directorsmay lawfullydesignate 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 publicby 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, effectiveApril 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 suchpointswhere, in the opinionof 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 questionwas closed to the public in 1976, presumably because the authority determined that public use "would interferewith the proper conductof thebusiness of the district." A question could arise as to whether the proposed use of the landwould be consistentwith 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. 1635Mr. 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 inmaking its determination. Section 62.081 of theParks and Wildlife Code reads as follows:

Except as provided in Section 62.082 of this code, no personmay huntwith, possess,or shoot a firearm, bow, crossbow, slingshot, or any other weapon.on or across the land of the Lower Colorado RiverAuthority. Section 62.082providesthat:

(a) The Board of Directors of the Lower ColoradoRiverAuthoritymay lease riverauthority land to be used on a nonprofit basis for a target rifleor archery rangeonly and not forhunting. (b) A member of the boy scouts or the girl scouts or other nonprofit public service group-or organizationmay possessand shoot a firearm,bow, and crossbow for target or instructionalpurposes under the supervision of a qualified instructor registeredwith and approvedby theLower Colorado River Authority on ranges designatedby the Lower Colorado -RiverAuthority. This subsection does not permithuntingby any person. "bow,Section 62.081 expresslyprohibits individualsfrom possessing a crossbow... or any other weapon" on land owned by the LCRA except as permittedby 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 instructionalpurposes 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 remainingalternativewould be to lease the land to the Club under the authorityof section 62.082(a).

p. lb36fir. 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 - AttorneyGeneral of Texas JOHNW. FAINTER,JR. FirstAssistantAttorneyGeneral RICHARD E. GRAY III ExecutiveAssistantAttorneyGeneral Preparedby EvaLoutzenhiser AssistantAttorneyGeneral APPROVED: OPINION COMMITTEE Susan I,.Garrison.Chairman Jon Bible Rick Gilpin PatriciaHinojosa ShawnJamail Jim Hoellinger BruceYoungblood

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