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 subjeotmatter, as f an opbion upon the

fish wardens Z'eoord books loyse of slwh misdemeanor8nd 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 operationat

tackers are rented ricluals

at so much per month or per anuum. The lessee is furnishedwith a kq to his locker; the operator of the plant may or may not possessa 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 lockerswithout a searchwarrant 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 shallbe unlawful for any person to plaob2inany PbUc aold storageplant, or for any operatoror employeeof any such cold storage plant to plao,e or aooept for placing in suah sold storageplant, any game bird or game aniaml of this Gtate at any time sseeptduring the open season prwided for the taking of same and for a period of threeday8 hmediately thereafter. sl'he owner or operatorof any public oold storageplant,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 reosrdl Such rsoord shall show the name of each and every personplaoing any game bard or game ax&ml on storagein 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, shallbe subfect to inspeationby any gaaa and fish warden OP this State at any time and no warrant shallbe required therefor.*

It Is our opinion that the locker plantsdescribed' by you are cold storageplants,umlsr this Mtiole, and our oenoluslonIs impelledby the following languagetherein;

lo +? + For the purpose of this **Ad, any**  plant in Which game is storedfor any person, other than the owner of such plant, is hereby deffned as a public storageplant. + * sa Furthermore,

we think the plain letter of the statuteauthorizesany gam% an& fish warden to searoh suntchprivate lockers.without a searchwarrant, that languagebeing+ "Any public cold storage plant, or the reoord books required to be kept in such a plant, shallbe subjeot to inspeotionby **any** gams and fish Mrden of this **State at**  any time ahd no warrant shallbe required therefor.9 Suoh right of search is not in violation of lrtiole 1, section 9, of the **~onstltution,** forbidding**unreasonable** searohand eeiaure,as evidencedby the followingauthorities:

Hew Way Lumber Co. v. Badth, 06 8. V. (2) 292; Moore Y. Adams, 91 6. V. (2) 447; Blaokburnv. State, 66 8. I. (2) 697i InterstateFonarding 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 searohmay not be arbitrarilyside wttbout the existmoe of reasonablegrounds or belief es a basi8 therefor. See the foregoingauthorities,likewise Qhapin t. State, 396 8. W. 1996.

Trusting that this will be a suffioientanswer to your inquiries,

we are very truly yourm

**ATTbRIIIZT**GiBWRAL W T,2X@

BY &; J&

Ooie s(peer Assistant 0S-MR