Honorable J. Ft. Singleton 

Executive Director 

Texas Parks and Wildlife Department 

Austin, Texas 

Opinion No. M-94 

Dear Mr. Singleton: 

RE: Whether the Parks and 

Wildlife Department can utilize funds made available In 

Item 16 of House Bill 12, 59th 

Legislature, for the purpose 

of purchasing lands adjoining, 

or not adjoining, existing 

State Parks and/or wildlife 

management areas when such 

lands will be used to Increase 

opportunities for 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 Wildlife Department utilize 

funds made available In Item 16 of House Bill 12, 59th 

Legislature for the purpose of purchasing lands adjoining 

existing State Parks and/or Wlldllfe management areas when 

such lands will be used to increase opportunities for 

hunting and fishing for the benefit of the public? 

"2 , Can the Department utilize 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 wildlife management areas when such lands 

will be used to increase opportunities for hunting and 

fishing for the benefit of the public?" 

You have advised that it Is planned that such lands 

be acquired and managed in conjunction with the Secretary 

of the Interior, under Acts of Congress authorizing 

Federal participation, In accordance with the terms of 

the respective United States Statutes. 

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Honorable J. R. Singleton, page 2 (M-94) 

Item 16 of House Bill 12, 59th Legislature, provides 

an appropriation to the Parks and Wildlife Department, as 

follows: 

"For making necessary studies relating to Fish and 

Wildlife resources and 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 the provisions 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 "special game fund , contains 

the proviso that: 

"such fund shall be used solely for the purpose 

of wild bird and game protection; for the creation, 

Furchase, and maintenance of game sanctuaries and 

publia hunting ground;..." (Emphasis supplied.) 

Article 4386b, Vernon@s Civil Statutes, consolidates 

and transfers funds from the "Special Game 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 consolidated fund 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 Propagation and Protection 

Fund 1 hz 1:' in an e 

and Gravel Fund, and the Lake Worth-Eagle Mountain 

Lake Fund is now directed by law to be used." 

Section 6of House Bill No, 21, Acts of the 58th 

Legislature (Article 978f-3a, Vernon's Penal Code), 

provides as follows: 

"The State of Texas assents to the provisions of 

the Acts of the KJ, S, Congress entitled 'An Act 

to provide that the United States shall aid the 

states in wildlife-restoration projects, and for 

other purposes' approved September 2, 1937 (Public 

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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-restoration management projects, and for 

other pur oses,f 

Law No. 6 i 1, 

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 cooperative wildlife-restoration and cooperative 

fish-restoration projects, as defined in said Acts 

of Congress, in compliance with said Acts, with 

rules and regulations promulgated thereunder by 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 and management of the fish and game 

resources of this State and for the expansion and 

development of additional opportunities of hunting 

d fi hi g in State-owned land and waters for the 

%nefiF 0: the public whenever practicable and to 

Frns whenever feasible the principle 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 cooperate with the States, in wlldliferestoration projects 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 or water adaptable as feeding, nesting, 

or breeding places for wildlife, including ac ulsition 

bcondemnation, lease, or gift o i?fhiGZS 

or esta es or interests therein as are suitable or 

capable of being made suitable therefor, .DO” 

Said Public Law 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 

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

“$ 777. The Secretary of the Interior is authorized 

and directed to cooperate with the States through 

their respective State fish and game departments in 

fish restoration and management projects as herelnafter set forth; . . . 

‘P; 777a. For the purpose of this chapter the term 

‘fish restoration and management projects’ shall be 

construed to mean projects designed for the restoration and management of all species of fish which have 

material value In conneatlon with sport or reareation 

in the marine 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 acquisition by purchase, condemnation, 

lease, or gift of such areas or estates’ or Interests 

therein as are suitable or capable of being made 

suitable therefor, . ..lr (Emphasis supplied.) 

Webster’s Third New International Dictionary, Unabridged, 

under its first listed meaning of the word “expansion” contains 

t~he f ollowlng : “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 specific authority to purchase 

land with funds appropriated from The Special C-me and Fish 

Fund to be used to’lncrease opportunities for hunting for 

the benefit of the public, t~hrough and b 

895, Vernon’s Penal Code, and Article 43 5 6b, 

reason of Article 

Vernon’s Civil 

Statutes. Such purchase for the combined “hunting and 

flshing” purposes would still be an authorized purchase 

for public hunting and would follow the Legislative directive 

set out in Article 978f-5a, of embracing “the principle of 

multiple use of our land and waters for better hunting and 

fishing opportunities., . . ” Clearly the purchase 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 

-427- 
. . 

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

681, 81st Congress) and the statute further authorizes and 

empowers the Parks and Wildlife Department to perform such 

acts as may be necessary to the conduct and establishment 

of cooperative wildlife and fish restoration projects as 

defined In said Acts of Congress, and which Acts of Congress specifically provide for the purchase of land as a 

part of such project. Item 16, House Bill 12, 59th Legislature, in authorizing expenditure for the expansion and 

development of such areas, specifically authorizes the 

“Increase in number” and the “acquiring” of such areas by 

the purchase 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 the public whenever practicable” does not prohibit the “Increase in 

number” or the “acquiring” of additional land otherwise 

authorized to be purchased, but is a requirement that the 

state must 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 that your 

first question should be, and Is, answered In the afflrmatlve. 

Inasmuch as Item 1.6, House Bill 12, 59th Legislature, 

authorizes the “increase In number” and the “acquiring” 

of such hunting and fishing grounds and there Is no requirement that such purchases 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/or wildlife management 

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 Texas 
I c 

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

Prepared by Harold G. Kennedy 

Assistant Attorney 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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