January 25, 1972 

Honorable James U. Cross Opinion No. M-1045 

Executive Director 

Texas Parks h Wildlife Dept. ne: Authority of Parks & 

John H. Reagan Building Wildlife Department 

Austin, Texas 78701 under the General.Law 

Statutes or the Uniform 

Wildlife Regulatory Act 

to place special restrictions on removal of fish 

from public waters in 

bass tournaments, and 

Dear Mr. Cross: related questions 

In your opinion request to this office you ask the 

following questions: 

1. Does the Parks and Wildlife Department have 

authority under the General Game Law Statutes or 

under the Uniform Wildlife Regulatory Act (Art. 

978j, V.P,C,) to place special restrictions on the 

removal of fish from public waters by participants 

in bass tournaments? 

2. If your answer to question one is affirmative, 

under what circumstances or conditions would regulation be legally authorized? 

3. Does a bass tournament constitute a lottery 

when prizes are given to successful fisherman? 

4. When a tournament is conducted on a lake previously stocked with bass at State expense, can 

the Department impose restrictions on participants 

in bass tournaments which would not otherwise 

apply to single fishermen? 

The Legislature has granted the Parks and Wildlife 

Commission authority to issue proclamations, rules or 

regulations to control the means and method and place and 

manner in which wildlife resources may be lawfully taken, 

and to issue rules setting forth the most equitable and 

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Honorable James U. Cross, page 2 (M-1045) 

reasonable privileges in the taking of,such wildlife. ~See 

Article 9783-1, Sections 2, 4 and 5 Vernon's Penal Code. 

Subject to the restrictions placed upon the commission by the above statutes, the commission has authority 

to control the taking of fish from public waters. We are 

unanle to express an opinion as to whether a special restriction on the removal of fish from public waters by 

participants in bass tournaments would be constitutional 

as we do not have sufficient facts to decide this issue. 

However, we would express serious doubts about the validity 

of any rule or proclamation that arbitrarily imposes restrictions on participants in bass tournaments but would 

not similarily restrict single fishermen. 

It is the opinion of this office that a bass tournament is not a lottery even though prizes are given to 

successful fishermen. One of tne elements needed to constitute a lottery is the award or distribution of the prize 

by chance. City of Wink v. Griffith Amusement Company, 100 

S.W.Zd 6Y5 (; Pex.Sup. 1936); Smith v. State, 127 zd 297 

(Tex.Crim. 193Y); &ice v. SG ste, 156 Tex.Crim. ?;:I 242 

S.w.Zd 433 (1951);- State v. Socony Mobil Oil Company, 386 

S.W.Zd 169 (Tex.Civ.App. 1964, err. ref., n.r.e.). The 

catching of bass involves more skill than luck. 

SUMMARY 

Under Art. 978j-1, V,P,C,, the Parks and 

Wildlife Commission and Department have authority 

to control the taking of fish from public waters. 

As to whether certain proposed special 

restrictions are valid we can not say because 

they have not been presented to us. 

Prepared by Dunklin Sullivan 

Assistant Attorney General 

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I . 

Honorable James U. Cross, page 3 (M-1045) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

non Darden 

Jim Swearingen 

Linward Shivers 

Glenn Brown 

SAM McUANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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