April 22, 1987 

Eouorable Dudley Harrison 

Chairman 

Commicree on Agriculture and 

Livestock 

Texas Rouse of Representatives 

P. 0. Box 2910 

Austin. Texas 78769 

Dear Representarive Harrison: 

Opinion No.JM-683 

Re: Authority to conduct animal 

damage control activities 

In your inquiry, you pose the f&lowing question: 

Is the law creating the Texas Rodent and 

Predatory Animal Control Service, under the 

cooperative agreement with the Federal government 

and the Texas A h M University System, the only 

authority needed to conduct animal damage control 

activities in the state and [are any] additional 

permits needed from the state to conduct animal 

hamage control? 

Article 192(b). V.T.C.S., Cooperation 

agencies In control of predatory aniaals 

pertinent part: 

State to cooperate 

between state and federal 

and rodents, provides in 

Section 1. The State of Texas will cooperate 

through The Texas A 6 M University System with the 

appropriate officers and agencies of the United 

States in the control of coyotes, mountain lions, 

bobcats, the Russian boar, and other predatory 

animals and in the control of prairie dogs, pocket 

gophers, jack rabbits. ground squirrels, rats and 

ocher rodent pests for the protection of livestock, 

food and feed supplies, crops and ranges. 

. . . . 

Cooperative agreement 

p. 3162 
Houorable Dudley Harrison - Page 2 (a-683) 

Sec. 5. The Director of Extension of the System 

is hereby authorized and directed to execute a 

cooperative agreement with the appropriate officers 

or agencies of the United States for carrying out 

such cooperative work in predatory animal and 

rodent control in such manner and under such 

regulations as may be stated in such agreement. 

. . . . 

Construction with other laws 

Sec. 10. The provisions, restrictions and 

peualties of Section 72.005, Parks and Wildlife 

Code, shall not be construed as applying to hunters 

and trappers under this Act, provided they are 

acting iu performance of duties contemplated under 

the terms of this Act. 

You direct our attention to 7 U.S.C.A.. seecion 426. which 

provides: 

The Secretary of Agriculture is authorized and 

directed to conduct such investigations, experiments, and tests as he may deem necessary in order 

to determine, demonstrate, and promulgate ache best 

methods of eradication, suppression, or bringing 

under control on national forests and other 

areas of the public domain as well as on State. 

Territory, or privately owned lands of mountain 

lions, wolves, coyotes, bobcats, prairie dogs, 

gophers, ground squirrels, jack rabbits, and other 

animals injurious to agriculture, horticulture, 

forestry. animal husbandry, wild game animals, 

fur-bearing animals, and birds. and for the 

protection of stock and other domestic animals 

through the suppression of rabies and tularemia in 

predatory or orher wild animals; and co conduct 

campaigns for the destruction or control of such 

animals: Provided, That in carrying out the 

provisions of this section the Secretary of 

Agriculture may cooperate with States, individuals, 

and public and private agencies, organizations, and 

institutions. 

The circumstances which give rise to your question are stated by 

you as follows: 

p. 3163 
Honorable Dudley Harrison - Page 3 (JM-683) 

A question has been raised concerning the animal 

damage control program under the Texas Rodent and 

Predatory Animal Control Service. Is there a need 

for this program to obtain a permit from the Texas 

Parks and Wildlife Department to conduct its animal 

damage control activities? 

Under the Parks and Wildlife Code there are 

prowlsions for permits for scientific, soological, 

and propagation purposes (V.T.C.S. Parks and 

Wildlife Code, chapter 43. subchapter C) and 

permits to control protected species (chapter 43, 

subchapter H) which is for a private citizen 

experieucing damage to crops or domestic animals to 

get a pensic from a county judge. Neither permit 

applies to the activities of the Rodent and 

Predatory Animal Control Service. 

In Attorney General Opinion M-1265 (1972), it was coucluded that 

"neither the Parks and Wildlife Commission nor any other State agency 

is authorized to issue licenses which would come within the exception 

provided in 16 U.S.C., section 742j-l(b)(l)." The section in question 

prohibits any person in an aircraft from shooting or attempting to 

shoot for the purpose of capturing or killing any bird, fish, or other 

animal. In addressing the matter of authority to grant a license 

under an exception co the prohibition, the following was stated in the 

opinion. 

The above quoted federal statute does not 

authorize the Parks and Wildlife Commission or any 

ocher State agency to issue permits or licenses 

pursuant thereto. The statute does provide an 

exception whereby it '. . . shall not apply to any 

person if such person . . . is operating under a 

license or permit of. any State . . . to administer 

or protect or aid in the administration. or 

protection of land, water, wildlife, livestock, 

domesticated animals, human life, or crops . . .' 

Bowever, there is no authority vested in any State 

agency to issue permits or licenses under this 

exception. Such authority must coae from the 

Legislature. 

While Article 192b. Vernon's Civil Sracutrs. 

does authorize cooperation with the United States 

Department of the Interior by the State acting 

through the Agricultural and Mechanical College 

System of Texas in the control of certain predatory 

p. 3164 
Honorable Dudley Harrison - Page 4 (J'M-683) 

animals, it does not create a licensing procedure 

as contemplated by the federal Act. 

The sicuacion you describe is different from the situation 

addressed in Opinion M-1265. In that case, the legislature had not 

enacted lagislatioa necessary for persons to come within the exception 

allowed by the federal statute. In this case, the legislature has 

enacted article 192(b) in response to 7 U.S.C.A., section 426. 

The legislature, in section 5 of article 192(b) authorized and 

directed the Director of the Extension System to 

execute a cooperative agreement with the appropriate officers or agencies of the United States 

for carrying out such cooperative work in predatory animal and rodent control in such manner and 

under such regulations as may be stated iu such 

agreement. (Emphasis supplied). 

While a copy of such agreement was not furnished us, we will 

presume that such au agraement exists since the Director of the 

Extension System was authorized and directed CO execute oaa with the 

appropriate officials of the United States. Since we have uot been 

furnished with a copy of the agreement, we will presume that the 

provisions thereof are sot in conflict with any state or federal law. 

The language contained in article 192(b) reflects the legislature's 

intentlou chat such agreement set forth the manner in which the 

program for predatory and rodent control should be conducted and the 

rules and regulations necessary for its operation. It is our 0piuG 

that the legislature intended that the program promulgated as the 

result of the agreement would be sufficiently inclusive to provide for 

the only authority needed to conduct predatory animal and rodent 

control in this state. Thus. the authority for the operation of the 

program stems from such agreement. 

SUMMARY 

The legislature, in enacting article 192(b). 

V.T.C.S.. intended that the program for predatory 

animal and rodent control to be promulgated as the 

result of an agreement between the director of the 

Extension System of Texas AhM Univrrsicy and 

appropriate United States officials be sufficiently inclusive to provide the only authority needed 

for the operation of such program. 

,p. 3165 
Honorable Dudley Barrisoa - Page 5 (JM-683) 

,Veryjzo& 

JIM MATTOX 

Attorney General of Texas 

JACK HIGHTOWER 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

JDDGE ZOLLIE STRAlZP.T 

Special Assistant Attoruey Genera3 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

p. 3166