R-662 

Au&ast 159 1947 

Eon. 3, B. Bcage~n, Executfvo Seorrtarg 

Cam., rish and Oyster Commission 

Austin, Texas 

. 

~pfnion NO. v-346 

Be: Authority Or aeme $ ffah 

and Oyster Comfs~ioa.~ to

pay for layiy ,a .-se~req~ 

line rrem t,he ‘:r narine ‘. 

Leboratory to. ,~g sqnnrotfon with the, riftHilly 

sewerage lfae or thr @itg 

or Rockport, Texas) an4 

a related questfono 

Dsar Sir; 

thrriror, 

This OpfIiiOll fS fIl lWSPOlL9e to .YoUr 

dated nay lb., 1947o dfoh reads es 

with 

“This department is now proceeding 

the construction of a marine laboratory at Bockport, Texas 9 the building 

bsizlg erected on property owned by the 

Navigation District at Rockport under 

permanent easement granted by said dfstrio% about two gears ago, 

line ;&‘&&al hundred reet from .,tha 

The present cftgDs sewerage 

location ,where our laboratory building. 

is bring ~arsdmL It fs fnformslPg mpgtsd to ma, thst the City of B0ckpor.t 

~CJ& not have surrfcfent idi3 to bum 

a sewerage lfnr rrom the present lfns~ to 

meet our property, ana ,%n this event we 

will be without sewerage @onneot%on UIIle.ss the line is Paid a% then exflnse Of. 

this department. 

“1. Can the Game, Fish and Oyster 

~Commissfon legally bear the cost of leyfng esfd sewerage &fna from the labor*- 

tory, looatfon ~conne,atfng with the afty 

reqlrret 

romm: 
2, V-3&,6, 

sast3ment tights 

umrvenwg property? 

Qn tkkr 

“21 fr the mI?Iawer to the ffrst qugs- 

‘tSon is in the @.ir$xmative, may the Gscsj 

?i,sh anel Bpatsr Comiss9on lagally turn 

ov,er to the City 81 Rookport said seweraga 

li,ne to be maintained and spar~ratad byallwing the ,CIJ.t,y or Raakport to apply thrir 

regular sclwe,rags oonneotion oharge against 

the cost this department will bear of laying the line untrl such time as the cost 

ef this e,srmnectfon has bean amartfzed?* 

Article &330, V, C. S., reads %a fellows: 

u%ieO to carry WC and anlorae the 

or thia Aot v * @lnph%s~s aupplfCa)* 

proTisiens 

“The roregoing 8pdrf0 IIaorlmt8, h a. 

muck thereof as uy be used, are hirrby a 

e 

i . 

prepriatrd for tke purpoaea a b o ve l umer e l d 

and shall be peid sut of’ either the Special 

@err an4 ?&a& %td a~: t&g PPsd&aa Lake Fund 9 
Hen, Hq P, Ddgen, Page 3, V-346. 

and all money to the oredit of these spsoial 

funda on haad in the State Treasury on Septamher 1, 1947, together with the ourrent revenues to be derived and pleoad to the credit 

of these special funds during the next ensaing two years ending August 31, 1949$ %re 

hereby appfogriated for the purpose of protecting, purchasing, propagating, trapping, 

distributing and improving the wild life I%- 

sources of this State; for the rreation,leasing, purchase and maintenanae of game sanctuarias, publio hunting grounds and public 

fishing grounds; for the dissemination of information pertaining to the conservation, propagation, distribution and economic value of 

the wild life resouroes of this State; for 

the purpose of purchasing land; for the oonstruction, maintenance and operation of fresh 

water fish hatcheries and reari- ponds; for 

the purpose of pboviding liring quarters and 

maintenanoe of same for fish brtchery'supsrintendents, assistant fish hatchery auperintendent8; for the making of soientific-investigations and aumrys of marlW m;. e 6w 

?Zmphssis supplied). 

Opinion No, 0-6935, of this department, which 

was addressed to you, construed a rider on the .approprfstion bill for the biennium ending August 3l., 1947, 

ta the effect that the Oame, Fish and Oyster Ccmmissi0n 

may alpend moneys to construot a building to house a 

Marine Laboratory. 

. , 

Inaamu& as your propos8d construation anil 

maintonarce of "srvsral hundred fret* of sewerage line 

to oaiaect with the sewerage system ol Btoakpsrt, Texas, 

is nearasary and essential to the proper functfbning 0f 

a Marine Laboratory, its construati0n is authorized by 

virtue of the same authority by which y0u a00urrd thr 

l rpatmal easements to the land upon which the Marilr 

Ea boretory is ffituatod, and also by virtue of thr authority by whioh the Ma@ine Laboratory itsalf Bs baipa 

oonstruoted. This authority was discussed in opinion 

O-69354 

Artiolo 4030, V. C, S., authorizes the .O0mmission to use funds fcr "the making of sa?.ent$fio fnvestigations and surveys of the principal 80s food f&hesand #&Brine Jifr fo,r nurnose of the better pMtsotio% 
Ha. H. D, Doagen, Page 4, V-346O 

tien or same." This statute has been prerptated 'b thhfs department in Qpi&on O-7262 

Irg the oo!ktruction by the Co~rmiseion or a 

Madne frsbaratrory building, and the purahaao of land on 

whloh to are t such building. In that opinion the daoision af the 8a 

.r?atoma1 #x 

xaa Suprema Court, in Herring va. floust*n 

&B~+IZO Bank, 269 8. w. 1031, was r&owed, 

wb in th# C rt held that the prison eommiasion, hayin$ut50rity"tuo purohase a mill plant had InQJlird authorlty tb pur@haso the land upon whfci the mfll was laoat& 

Your first question fa therefore answer@ fn 

the affirmative. 

As to quest&en 2, Artiolr 666a-1, proriding 

for sale ef property required by the Game, Fish aad'oyster Commissi*n, reads 8s folPaws: 

"&co 1. AU property belonging to 

the Stats urchased from funds appropriated to the kt ate @ama, Fish and Bgster UommisefNkap Ion it shall brcaao unf’llt fer use 

or shtl no longer nes4ePg sbtill br sold 

by tho ts Shard of Central at public auction, after advrrtising it for not lass than 

fifteen (&5] days prier to, date of any sale, 

in two newspapers published in the county 

wherr sale of suoh property fs aada, 

in the Stata Trsasury'to the credit of the 

fund out of whiob the purchase money for the 

1. 

roprrtg BoXdO was paid. A6ts l.935, l&h 

go9 po 661, ch. 276." 

100 autho*ity providing any other prooedurr for 

the sale of property aoqufrrd by the &mmission oan be 

found9 and no provision is indicated in Article 6&a-1 

authorizing t&r disposal you proposes whioh would prroludo its use., 

I Your seoonil qurstion is thoreferr answered in 

the negativs. 
&ja. H. D. DcdgOn, Pege 5, v-346* 

The Game, Fish snd Oyster Conunission is authorized tc pay for laying a 

sewerage line from its Merine Uboratory adjacent to Rockport, Texas, connooting with the city line, after gaining easement rights iron the intervsning property. Article 4030, Vomon's 

Civil Statutes; Acts 50th Leg., 1947, 

5. x8. 391, page 842; Attorney General's 

opinion o-6935. 

The Game, Fish and Oyster Commission has no authority to apply the seweraga connection charge of the City of 

Reakport against the cost of laying the 

sewer by the Commission in order ultimately to turn tha sawer over to the 

oity . 

Yours very truly 

ATTORNEYGENERAL OFTEXAS 

PJC:jnc