Texas Attorney General Opinion: H-791 Page: 2 of 5
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The Honorable Clayton Garrison - page 2 (H-791)
You ask (1) whether deputy game warden commissions
issued between September 1, 1973 and September 1, 1975
remain valid and "permit the commissioned person to continue
enforcement of game and fish laws as authorized under omitted
Article 978f-5f," and (2) whether commissions issued after
September 1, 1975 are valid. The principal issue is whether
authority granted by article 978f-5f survived enactment of
the new Parks and Wildlife Code. In our opinion it did not.
There is no doubt that article 978f-5f of the Penal
Auxiliary Laws, which provided specific authority for
deputy game warden commissions, was repealed by the law
enacting the new Parks and Wildlife Code. Section 2(a) of
H.B. 1186 contained a specific express repealer of "Articles
871 through 978n-2, Vernon's Texas Penal Code Auxiliary
Laws," which is inclusive of article 978f-5f. The article
was not among those specifically saved from repeal by section
2(c) of H.B. 1186.
Deputy game wardens are not mentioned at all in the new
Parks and Wildlife Code. The only apparent source of author-
ity for deputy game warden commissions is section 11.018
which provides generally for the executive director of the
Parks and Wildlife Department to appoint employees of the
Department. But like its predecessor provision, article
978f-3a of the Texas Penal Auxiliary Laws section 11.018
does not provide for appointments, salaried or otherwise,
unless authorized by the current appropriations act. See
Attorney General Opinion M-1080 (1972) construing article
978f-3a. The current appropriations act fails to provide
for deputy game wardens. Acts 1975, 64th Leg., ch. 743,
at 2417.
Section 3 of H.B. 1186 provides:
Sec. 3. This Act is intended as a recod-
ification only, and no substantive change
is intended by this Act.p. 3334
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-791, text, April 8, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271315/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.