Honorable J. Ft.Singleton

Executive Director Texas Parks and Wildlife Department Austin, Texas OpinionNo. M-94

Dear Mr. Singleton: RE: Whether the Parks and Wildlife Department can utilize fundsmade available In Item 16 of House Bill 12, 59th Legislature, for thepurpose of purchasing lands adjoining, or not adjoining, existing State Parks and/or wildlife management areas when such landswill be used to Increase opportunitiesfor hunting and fishing for the benefit of the public.

You have requested the opinion of this office upon the following questions:
"1

. Can the Parks and WildlifeDepartmentutilize fundsmade available In Item 16 of House Bill 12, 59th Legislature for the purpose of purchasing lands adjoining existing State Parks and/or Wlldllfemanagement areas when such lands will be used to increase opportunities for hunting and fishing for the benefit of thepublic?
"2, Can the Departmentutilize funds made available in Item 16 of House Bill 12, 59th Legislature for the purpose of purchasing lands not adjolnlng existing State Parks and/or wildlifemanagement areaswhen such lands will be used to increase opportunitiesfor hunting and fishing for the benefit of thepublic?"

You have advised that it Is planned that such lands be acquired and managed in conjunctionwith the Secretary of the Interior,under Acts of Congressauthorizing Federal participation, In accordancewith the terms of the respectiveUnited States Statutes.

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Item 16 of House Bill 12, 59th Legislature,provides an appropriation to the Parks and Wildlife Department,as follows:

"Formaking necessary studies relating to Fish and Wildlife resourcesand for expansion and development of recreation areas to provide additional opportuni1 ties of huntin an waters for the benefit of the public In accordance with theprovisions of House Bill No. 21, Acts of the 58th Legislature Out of Sand, Shell and Gravel Fund revenues accruing to the Special Game and Fish Fund...." (Emphasis supplied.)
Article 895, Penal Code of Texas, In providing for the issuance of hunting licenses, and the deposit of the proceeds therefrom into a "specialgame fund , contains theproviso that:
"suchfund shall be used solely for the purpose of wild bird and game protection; for the creation, Furchase, and maintenance of game sanctuariesand publia hunting ground;..." (Emphasissupplied.)
Article 4386b,Vernon@s Civil Statutes, consolidates and transfers funds from the "SpecialGame Fund" and other funds into the Special Game and Fish Fund, and Section 3 of such Article sets out the uses to be made of such consolidatedfund as follows:
"The Special Game and Fish Fund shall be used for the aggregate purposes for which the Special Game Fund, th Sp i 1 Fish Propagationand Protection Fund 1 hz 1:' in an e and Gravel Fund, and the Lake Worth-EagleMountain Lake Fund is now directed by law to be used."
Section 6of House Bill No, 21, Acts of the 58th Legislature (Article978f-3a,Vernon's Penal Code), provides as follows:
"The State of Texas assents to theprovisions of the Acts of the KJ,S, Congress entitled 'AnAct to provide that the United States shall aid the states in wildlife-restorationprojects, and for other purposes' approved September 2, 1937 (Public

-425-Honorable J. R. Singleton,page 3 (M-94)

Law No. 415, 75th Congress),’and I An Act to provide that the United States shall aid the States in fish-restorationmanagement projects, and for other pur oses,f Law No. 6 1,

i approved Auggst 9, 1950 (Public 81st Congress.), and any amendments thereto, and the Parks and Wildlife Commission is authorized and empowered to perform such acts as may be necessary to the conduct and establishment of cooperativewildlife-restorationand cooperative fish-restorationprojects, as defined in said Acts of Congress, in compliancewith said Acts, with rules and regulationspromulgated thereunderby the Secretarv of the Interior. and with enactments of Texas Legislature;and no-funds accruing

... shall, be diverted for any other purposes than i’or nz sary studies andmanagement of the fish and game resources of this State and for the expansion and development of additional opportunitiesof hunting d fi hi g in State-owned land and waters for the %nefiF 0: thepublic whenever practicable and to Frns whenever feasible theprinciple of m-e use of our land and waters for better huntAng and fishing opportunities....” (Emphasis, supplied.)
Said Public Law No. 415, 75th Congress,provides, in part, as follows: ‘$ 669. The Secretary of the Interior is authorized to cooperatewith the States, in wlldliferestorationprojects as hereinah& in sections 669- 66Yb, and 6690-6691 of this title set forth .#.

For the purpose of sections 669-669b, and of this title the term qwildlife-restoratlon project’ shall be construed to mean and Include the selection, restoration, rehabilitation,and improvement of areas of land orwater adaptable as feeding,nesting, or breedingplaces for wildlife, including ac ulsition
bcondemnation, lease, or gift oi?fhiGZS or esta es or interests thereinas are suitable or capable of beingmade suitable therefor, .DO” Said PublicLaw No. 681, 81st Congress,provides, In part, as follows:
1 2: 16 U.S.C.A. ;65z 669-6693 16 U.S.C,A, SS 77i’

- ‘777k

-426-Honorable J. R. Singleton,page 4 (M-94)

“$ 777. The Secretary of the Interior is authorized and directed to cooperatewith the States through their respective State fish and game departments in fish restoration andmanagement projects as herelnafter set forth;

...
‘P; 777a. For thepurpose of this chapter the term ‘fishrestoration and management projects’ shallbe construed tomean projects designed for the restoration and management of all species of fish which have material value In conneatlonwith sport or reareation in themarine and/or fresh waters of the United States and include -

... “(d) the seleatlon, restoration, rehabilitation,and Improvement of areas of water or land adaptable as hatching, feeding,nesting, or breeding placea for fish, including acquisitionby purchase, condemnation, lease, or gift of such areas or estates’ or Interests therein as are suitable or capable of beingmade suitable therefor,

...lr (Emphasissupplied.)
Webster’s Third New InternationalDictionary, Unabridged, under its first listedmeaning of the word “expansion”contains t~hefollowlng: “The act or process of Increasing in extent, size,number, volume, or scope.” Sa3d dl tlonary, seventhed meaning of the word “devel:p” under its sets out “acquire” as a synonym. The foregoing quoted authorities show that the Parks and Wildlife Department, independent of Item 16, House Bill 12, 59th Legislature,has specificauthority to purchase land with funds appropriated from The Special C-me and Fish Fund to be used to’lncrease opportunitiesfor hunting for the benefit of thepublic, t~hrough and b 895, Vernon’s Penal Code, and Article 43 6b, 5 reason of Article Vernon’s Civil Statutes. Suchpurchase for the combined “huntingand flshing”purposes would stillbe an authorizedpurchase for public hunting and would follow the Legislative directive set out in Article 978f-5a, of embracing “theprinciple of multiple use of our land and waters for better hunting and fishing opportunities.,

..” Clearly thepurchase of such lands for both hunting and fishing purposes is authorized by Article 978f-3a, (where there is to be Federal partlclpatlon under Public Law 415, 75th Congress, or Public Law

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Honorable J. R. Singleton,Page 5 (M-94)

681, 81st Congress) and the statute further authorizesand empowers the ParksandWildlife Department to perform such acts as may be necessary to the conduct and establishment of cooperativewildlife and fish restorationprojects as defined In said Acts of Congress, and which Acts of Congress specificallyprovide for thepurchase of land as a part of suchproject. Item 16, House Bill 12, 59th Legislature, in authorizing expenditure for the expansion and development of such areas, specificallyauthorizes the “Increasein number” and the “acquiring”of such areas by thepurchase of them. Article 978f-3a, in prohibiting expenditures except “for the expansion and development of additional opportunities of hunting and fishing in Stateowned land and waters for the benefit of thepublic whenever practicable” does not prohibit the “Increasein number” or the “acquiring”of additional land otherwise authorized to be purchased, but is a requirement that the statemust own the land before such funds are expended on It, to enhance the hunting opportunities. It, therefore, follows that it Is the opinion of this office thatyour first question should be, and Is, answered In the afflrmatlve.
Inasmuch as Item 1.6, House Bill 12, 59th Legislature, authorizes the “increaseIn number” and the “acquiring” of suchhunting and fishing grounds and there Is no requirement that suchpurchases be limited to lands lying adjacent or contiguous to existing State Parks or wlldl!.fe management areas, it Is the opinion of this office that your second question should also be, and Is, answered in the affirmative.

SUMMARY
The Parks and Wildlife Department la authorized to utilize funds made available in Item 1.6 of House Bill 12, 59th Legislature for the purpose of purchasing lands either adjoining or not adjoining State Parks and/orwildlifemanagement areas, when such land will be used to Increase opportunities for hunting and fishing for the benefit of the Public.

a very truly,

g7+ C,MARTIN ney General of TexasI c

Honorable J. R. Singleton,page 6 (M-94)

Preparedby Harold G. Kennedy AssistantAttorney General
HGK/vmo
APPROVED: OPINION COMMITTEE
Hawthorne Phillips, Chairman W. V. Geppert, Co-Chairman

Kerns Taylor John Fainter John Grace Sam Kelley

A. J. CARUBBI, JR. Staff Legal Assistant

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