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 opinionhas .been~received and carefully Considered by this department. **We** quote from,your.request8s~followe: "The Commissioners" Court'ofRavarro County has requestedme to secure an opinion on this question: ""Dabs the Commissioners1 Court have'legal authority to help pay ~th8 salary of a man devoting-his **time** to trappingwolves in Ravarro County, aSSUITIing that it iS possible t0 secure assistancefrom 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 courtsmay,make appropriations for the 'workCOntemplat8dby 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'toemploy a wolf **tmpgero** thismatter.". I have been unable to,find any court decisionson
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 destroyingcoyotes, wolves,mountain lior.9,

bobcats.and othe predatory animals, and ,throughthe Agricultural and Rechariical'Collegeof Texas.will cooperatewith the United States Department of-Agriculture,Bureau of Biologlcal Survey, in destroying, .prairie dogs,~pocketgophers (Salamanders), jack rabbits,ground qquirrels and.otherrodent pests in the interest of theprotection 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** ,acooperativeagreementwith the**‘ -**  **‘**

**. .,**  **~,.**
**‘ .:.** **, /**  **‘ ,**  **., ‘** 

**.** Secretary of Agriculture of the United S,tates of America **or** the Bureau OF Biological Survey of the United statcs,ofAmerica for carrying out such cooperativework 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~ofTexas 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 cOOperatiV8work in rodent control in suchmanner and under such regulations as may be stated in said agreement." %rticle 192b, Section 5, Vernon'sAnnotated Texas Civil Statutes, reads as Follows: "That the Commission8rs Court of any countywithin the State or the governingbody 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 cooperationwith 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 takenby hunters ortrappers paid From State funds shall be sold under rules prescribed by the Live Stock Sanitary Commission of Texas and theproceeds of such S218S shallbeg paid idto the State Treasury to be credited and added to said predatory animal fund, All furs, skins,, and specimens takenby hunters'or trappers paid From county funds shall be sold as prescribed by the Commissioners' Court of the county, and the proceeds ,Tfsuchsale shall be paid into 1 the County Treasury to b8 credited and. added to suchpredatory animal Fund,provided that any~specimen to takenmay be presented free of charge to the Agricultural a'nd M8chaniOal college, or any other State institutionor to the United StatesNationalMuseum For'scientific purposes." In view of the fore'goingstatutes 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