February 14, 1975 

The Honorable Clayton T. Garrison 

Executive Director 

Opinion No. H- 528 

Texas Parks & Wildlife Department 

John H. Reagan Bldg. 

Austin, Texas 78701 

Re: May the Parks and Wildlife 

Department lease land to provide feed for white-winged 

doves under article879a-6, 

Penal Auxiliary Laws. 

Dear Mr. Garrison: 

You have asked our opinion on two questions concerning the Department’s authority to expend funds under a program designed to protect the 

white-winged dove. One question asks whether certain expenditures are 

proper “for acquisition of white-winged dove habitat” and the other asks 

whether similar expenditures may legally be made “for research and 

management for the protection of white-winged doves. ” 

Article 879a-6, Penal Auxiliary Laws, authorizes the Parks and 

Wildlife Department to sell white-winged dove stamps and prohibits 

hunting the doves without a stamp. Section 4(c) of that article states 

that: 

The Commission shall deposit the proceeds 

from the sale of stamps in the state treasury in 

Special Game and Fish Fund No. 9. One-half of 

these proceeds may be expended only for research 

and management for the protection of white-winged 

dove and the other one-half of these proceeds may 

only be expended ior the acquisition of white-winged 

dove habitat in the state. 

1n, an earlier opinion, Attorney General Opinion M-1084 (1972), 

this office concluded that despite article 879a-6, the Parks and Wildlife 

Department could not expend any funds for the acquisition of white-winged 

p. 2383 
The Honorable Cisyton T. Garrison page 2 W- 528) 

dove habitat because the Legislature had failed to appropriate any funds 

for thal purpose. The problem was partially solved with the passage of 

the Genera! Appropriation Bill for the biennium beginning Sept. 1, 1973. 

It c-ontains an appropriation of $37, 500 for 1974 and a like amount for 

1975 “to be expended for the acquisition of white-winged dove habitat. ” 

Acts i973, 63rd Leg., ch. 659, p. 2005. But no appropriation has been 

made for “research and management for the protection of white wing 

dove. ” 

It is apparent that the Legislature which enacted article 879a-6, 

section 4(c) had two distinct activities in mind because it earmarked 

portions of stamp-sale income which could be used for one of the purposes, 

but not for the other. 

Since the Legislature has seen fit to appropriate funds for only one 

of the two authorized programs, the Department is not permitted to expend 

funds for the other. Thus, there are no appropriated funds for research 

and management for the protection of the white-winged dove, and it is 

unnecessary to consider your specific questions about expenditures for 

that purpose. 

Your other question asks: 

1. Is the ‘Department authorized to expend a portion 

ol the one-half proceeds dedicated by article 879a-6 

Penal Auxiliary Laws, “for acquisition of white-winged 

dove habitat” to 

a) lease land for the purpose of growing grain 

crops or to lease land with standing grain crops to 

provide feed for white-winged doves? 

b) purchase farmland for the express purpose of 

grnwlng grain crops to provide feed for white-winged 

doves? 

c) purchase farmland for the express purpose of 

growing brush (reforestation) to provide nesting and 

roosting habiiat~ for white-winged doves’? 

p. 2384 
The Honorable Clayton T. Garrison page 3 (H- 528) 

d) buy equipment and pay salaries and operating 

expenses for the purposes of growing brush (reforestation) to provide nesting and roosting habitat and to grow 

crops to provide feed for white-winged doves? 

The four general types of activities you mention appear to be related 

to the acquisition of habitat for the white-winged dove, and to the extent that 

they, in fact, constitute such acquisition, you are authorized by articl,e 879a-6 

and by the Appropriations Act to expend funds for those purposes. We do not 

believe that the fact that land may be leased rather than purchased will prevent its being acquired for the purposes of the statute. Whether any specific 

activity qualifies as a part of a program for the acquisition of habitat involves fact questions which we are not authorized to answer. 

SUMMARY 

The Legislature has appropriated no funds for 

research and management for the protection of the 

white-tinged dove. Funds are appropriated and 

may be spent for acquisition of habitat for the 

white-winged dove. 

Very truly yours, 

u Attorney General of Texas 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 2385