Texas Attorney General Opinion: O-7084 Page: 2 of 2
2 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
403
agae, Fish and Oyster Commission - Page 2
Unless the Legislature, pursuant to its constitu-
tional authority over public waters and water courses has
empowered a state department, commission, or board to do an
act, to-wit, grant a permit to a landowner to blast a natural
obstruction in a public stream for the purpose of allowing
fish to pass freely beyond the point of obstruction, no state
agency can lawfully grant such a permit. 58 Tex. Jur. 8356
in agreement states: "Power in respect to State property
rights is vested in the Legislature, and the Legislature
alone may exercise the power necessary to the enjoyment and
protection of those rights by the enactment of statutes for
that purpose."
The Austin Court of Civil Appeals recently stated
the law in Corzelius vs. Railroad Commisalon, et al, 182
s. Vi. (2d) 412, to be that "The general rule is well settled
that boards or comi~ sions which are creatures of the statutes
can exercise only such authority as is conferred upon them by
law in clear and express a niuage, and that authority will not
be construed as being conferred by implication."
A thorough: examination of Title 87, Revised Civil
Statutes of Texas, relating in part to the powers of the Game,
Fish and Oyster Commiasion, of Chapter 1, Title 128, Revised
Civil Statutes of Texas, setting forth the powers of the Board
of 'ater Engineers, and of all other laws relating to the State's
rights in public waters and river beds, discloses that the Legis-
lature has not authorized any commission, board or department
to issue a permit to a landowner to reove a natural obstruction
in a public strea-.
You are tzerefore advised tnat no state department,
board, or comLissiEn zay iss.e a p r it to a lando :ner to re-
aove a nttura obstLZtion in a public stream or enlarge the
c:.nnel by bastl6 for t.s puriZe of allo n fishI to p~ss
freely Defo:.d zhe point of obstruction.Yors vty truiy
~~ GzY: C:T4C-3
r*r ,c'e
#
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7084, text, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264361/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.