OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Qw, Vish and Oyster Conmdssion 

us tin, Texas 

QetAtlemen~ Attentlont Mr. Vm J 

(\ 

Tucker 

Opi.tion X0. 9+984&A 1, 

4. \ Re: Whether +-W&t-,look plants are 

oold storqe plaws, s dea 

y Artitle 9 , aal 

ve h&we your let 

above subjeot matter, as f 

an opbion upon the 

fish wardens 

Z'eoord books 

loyse of slwh 

misdemeanor 8nd 

ned in a sum not 

han $800.00 if he 

eoord or refuses to per&t a 

en to inspeat such plant. 

plants are in operation at 

tackers are rented 

ricluals at so much per month 

or per anuum. The lessee is furnished with a 

kq to his locker; the operator of the plant 

may or may not possess a key to the looker. 

*Are these 1OOkQr plants oold storage 

plants 8~ defined by the Artiole cited above 

and would a game and fish warden have authority to searoh these private lockers without a 

search warrant if he had good reason to believe 

that game animals or game W.rde were stored in 

them?* 

_: I.: 
Q81pe, Iish and Oyster Com~&eeion - page 2 

I 

Article 809 of the Penal Gode, so far as pertinent, 

r&8 

*It shall be unlawful for any person to 

plaob2in any PbUc aold storage plant, or for 

any operator or employee of any such cold storage plant to plao,e or aooept for placing in 

suah sold storage plant, any game bird or game 

aniaml of this Gtate at any time sseept during 

the open season prwided for the taking of same 

and for a period of three day8 hmediately 

thereafter. 

sl'he owner or operator of any public oold 

storage plant, which intends to aeospt or &oss 

aooept, any game bird or game animal of this 

State for storage, before aassptlng same shall 

prwide a book in whioh he shall keep a legible 

reosrd l Such rsoord shall show the name of each 

and every person plaoing any game bard or game 

ax&ml on storage in suoh pblio cold storage 

plant, the name of the person for whom it is 

plaoed on storage, the number of same, the Id& 

of game bird or game animal plaoed on storage 

8nd the d8te oa rhioh suoh gauss bird or game 

anirpl is plaoed on storage. Mr the purpocre 

of this dot, anj plant in which gams is stored 

for any person, other than the owner of suoh 

plant, Is hereby defined as a pub110 oold storage plant0 Any public cold storage plant, or 

the reoord book required to be kept in euoh a 

plant, shall be subfect to inspeation by any 

gaaa and fish warden OP this State at any time 

and no warrant shall be required therefor.* 

It Is our opinion that the locker plants described' 

by you are cold storage plants, umlsr this Mtiole, and our 

oenoluslon Is impelled by the following language therein; 

l o +? + For the purpose of this Ad, any 

plant in Which game is stored for any person, 

other than the owner of such plant, is hereby deffned as a public storage plant. + * sa 

Furthermore, we think the plain letter of the 

statute authorizes any gam% an& fish warden to searoh suntch 
private lockers.without a search warrant, that language being+ 

"Any public cold storage plant, or the 

reoord books required to be kept in such a 

plant, shall be subjeot to inspeotion by any 

gams and fish Mrden of this State at any 

time ahd no warrant shall be required therefor.9 

Suoh right of search is not in violation of lrtiole 

1, section 9, of the ~onstltution, forbidding unreasonable 

searoh and eeiaure, as evidenced by the following authorities: 

Hew Way Lumber Co. v. Badth, 06 8. V. (2) 292; 

Moore Y. Adams, 91 6. V. (2) 447; 

Blaokburn v. State, 66 8. I. (2) 697i 

Interstate Fonarding Co. v. Vineyard, Tax 

Assessor, I9 8. We (2) 4Q3; Same ease, 

3 9. w. (2) 9Wl 

Pence v. State, 899 8. ‘1. g42j 

Battle v. State, 299 8. V. 792j 

ICarr v. Baldwin, 87 Fed. (2) 268. 

of course, such searoh may not be arbitrarily side 

wttbout the existmoe of reasonable grounds or belief es a 

basi8 therefor. See the foregoing authorities, likewise 

Qhapin t. State, 396 8. W. 1996. 

Trusting that this will be a suffioient answer to 

your inquiries, we are 

very truly yourm 

ATTbRIIIZT GiBWRAL W T,2X@ 

BY 

&; J& 

Ooie s(peer 

Assistant 

0S-MR