OFFICE OF.THE ATTORNEY GENERALOF TEXAS 

AUSTIN : 

GERALD C. MANN 

Attorney General 

. I 

This Opinion overrules .' 

in part Opinion No.,0-2k98 

Honorable Charles T. Banister 

Criminal District Attorney 

: Corsicane,, Texas. . 

Dear Sir: 

. . 

Cginion Nb. O-2709 

: Conhnission8rs1 courts - 

Employment of.wolf trappers. 

Your requestfor opinion has .been~received and carefully Considered 

by this department. We quote from,your.request 8s~ followe: 

"The Commissioners" Court'of Ravarro County has requested me to 

secure an opinion on this question: 

""Dabs the Commissioners 1 Court have'legal authority to help pay ~th8 

salary of a man devoting-his time to trapping wolves in Ravarro 

County, aSSUITIing that it iS possible t0 secure assistance from the 

U. S. Department of Agriculture, Bureau of Biologidal h.rvey in the ', 

payment of the remainder of said trappersIsalary.' 

"Article 192-b, Sec. 1 and'Seo,. 5; V.A.C.S., might'indical# that the 

Commissioners' Court could take such action. However, Section 5 

referred to above provides that commissioners1 courts may,make 

appropriations for the 'work COntemplat8d by this act.' Rowever, I 

not8 that in your Opinion No; O-2498 dated July 9, 1940, you rule that 

the Commissioners' Court of Terre11 County has no authority'to employ 

a wolf tmpgero 

this matter.". 

I have been unable to,find any court decisions on 

Article 192b, Section 1, Vernon's, Annotated Texas Civil Statutes, reads 

as follows: 

"That the State of Texas will cooperate through the Live Stock Sanitary 

Commission of Texas with United States Department of' Agriculture, 

Bureau OF Biological Survey, in destroying coyotes, wolves, mountain 

lior.9, bobcats. and othe predatory animals, and ,through the Agricultural 

and Rechariical 'College of Texas.will cooperate with the United States 

Department of-Agriculture, Bureau of Biologlcal Survey, in destroying, 

.prairie dogs,~pocket gophers (Salamanders), jack rabbits, ground 

qquirrels and.other rodent pests in the interest of the protection OF 

,1iV8 stock, crops and ranges." 

Article 192b,' Section 4, Vernon's Annotated Texas Civil Statutes, reads 

as Follows: 

"The Chairman of the Live Stock Salitary Commission of Texas is hereby 

authorized and directed to execute ,a cooperative agreement with the 
‘- ‘. 

., ~,. 

‘.:. , /‘, .,‘. 

Secretary of Agriculture of the United S,tates of America or the Bureau 

OF Biological Survey of the United statcs,of America for carrying out 

such cooperative work in predatory animal control in such manner and 

under such regu,lations as may be stated in said agre.ement. The president 

of the Agricultural and Mechanical College ~of Texas is hereby authorized 

and directed to execute a cbOp8ratiVe agre8rfIen.t with the Secretary of 

Agriculture or the Bureau of Biological Survey for carrying out such 

cOOperatiV8 work in rodent control in such manner and under such regulations as may be stated in said agreement." 

%rticle 192b, Section 5, Vernon's Annotated Texas Civil Statutes, reads 

as Follows: 

"That the Commission8rs Court of any county within the State or the 

governing body of any inc,orporated city or town within the State is. 

empowered and authovized at its discr8tiOn to appropriate funds For 

the prosacution of the predatory animal and rodent control work contemplated by this Act and in cooperation with State and Federal authorities 

to employ labor and to purchase and provide supplies required For the 

effective. prosecution Of this work." 

Article 1$2b, SeCtiOn 6, yernonts Annotated Texas Civil Statutes, reads 

as follows: 

"All furs, skins and specimens taken by hunters ortrappers paid From 

State funds shall be sold under rules prescribed by the Live Stock 

Sanitary Commission of Texas and the proceeds of such S218S shall beg 

paid idto the State Treasury to be credited and added to said predatory 

animal fund, All furs, skins,, and specimens taken by hunters'or trappers 

paid From county funds shall be sold as prescribed by the Commissioners' 

Court of the county, and the proceeds ,Tf such sale shall be paid into 1 

the County Treasury to b8 credited and. added to such predatory animal 

Fund, provided that any~ specimen to taken may be presented free of 

charge to the Agricultural a'nd M8chaniOal college, or any other State 

institution or to the United States National Museum For'scientific 

purposes." 

In view of the fore'going statutes it is the opinion of this department 

that your question should be answered in the affirmative. Our Opinion 

No., O-2498 is hereby exppessly overruled in so far as it conflicts 

with the holding herein: 

..', 

Very truly yours 

ATTORNEY GEN'ARAL OR TEXAS 

s/ Wm. J. Fanning' 

BY 

Wm. J. Fanning 

Assistant 

.A??RGVEB SEPTEMBER 9, 1940 

s/ Gerald C. Mann 

ATTORLEY GERERAL OF TEXAS 

Approved G~iniOn COniiitt88 

By BX3, Chairman