Mr. H. D. Dodgen 

Executive Secretary 

Game and Fish Commission 

Austin, Texas 

Dear Mr. Dodgen: 

Opinion No. WW-1487 

Re: Interpretation of the 

duty and authority of 

the Game and Fish Commission under Article 

4053, Vernon's Civil 

Statutes. 

You have requested the opinion of this office regarding proper Interpretation of the duty and authority of the 

Texas Game and Fish Commission under Article 4053, Vernon's 

Civil Statutes. 

Article 4053 reads in pertinent part as follows: 

11 

fled that-the 

If the Commissioner Is satlstaking, carrying away or dlsturblng of the marl, gravel, .sand, shells or 

mudshell in the designated territory would 

not damage or injuriously affect any oysters, 

oyster beds, fish Inhabiting waters thereof 

or adjacent thereto and that such operation 

would not damage or Injuriously affect any 

island, reef, bar, channel, river, creek or 

bayou used for frequent or occasional navlgatlon, nor change or otherwise Injuriously 

affect any current that would affect navigation, he may Issue a permit to such person 

after such applicant shall have complied with 

all requirements prescribed by said Commlssloner. . . .' 

In your letter requesting this opinion, you state 

that certain Galveston Bay shell firms have Indicated a 

desire to dredge the shell deposits underlying three large 

reefs In Galveston Ray. You further state that such utillzatlon would necessarily Involve dredging reefs which are 

the chief commercial oyster producing reefs In Texas waters, 

and It Is therefore probable that the utilization of the 

shell deposits would result In injury or damage to these 
r -r - - 

Mr. H. D. Dodgen, page 2 (WW-1487) 

oyster beds within the meaning of Article 4053. 

In clear and unequivocal language, Article 4053 requires that the Game and Fish Commission be satisfied that 

the removal of material from the river bed or bay would not 

damage or Injuriously affect any oysters, oyster beds, etc. 

By Article 4051, Vernon's Civil Statutes, the Game and Fish 

Commission Is vested with the duty of management, control 

and protection of the State's Interest In a wide variety 

of property. Article 4053 sets forth the conditions under 

which the Commission may grant a permit for a private person 

or corporation to remove some of this property. The Commission Is bound to follow the precise terms of Its grant 

of authority. 

It Is made clear from your letter that the Commlsslon is not satlsfled that the removal of shell from beneath 

the reefs In Galveston Hay would not cause harm to the oyster 

beds connected with the reefs. The Commission 1s granted 

discretionary authority with reference to the granting of 

permits for the removal of shell deposits from the lands 

and waters under Its control. Such authority Is not delegable; neither may It be abrogated by a ruling of this office. 

SUMMARY 

Under Article 4053, Vernon's Civil Statutes, 

the Texas Game and Fish Commission has dlscretlonary authority to grant or deny permits 

for the removal of marl, gravei, sand, shells 

or mudshell, and the Commlsslon has a duty to 

follow the llmltatlons established by the 

Legislature. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

MIQ:ms 
Mr. H. D. Dodgen, page 3 (~~-1487) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Albert Prultt 

Cecil Rotsch 

Sam Stone 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore