Texas Attorney General Opinion: JC-468 Page: 2 of 4
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The Honorable Chris D. Prentice - Page 2 (JC-0468)
section 366.014. You ask whether that individual is empowered to act as a peace officer under
sections 7.193 and 26.215 of the Water Code.'
Chapter 7.193 of the Water Code provides:
For purposes of this subchapter, the authorized agents and
employees of the Parks and Wildlife Department are peace officers.
Those agents and employees are empowered to enforce this
subchapter the same as any other peace officer and for that purpose
have the powers and duties of peace officers assigned by Chapter 2,
Code of Criminal Procedure.
TEX. WATER CODE ANN. 7.193 (Vernon 2000).
Likewise, section 26.215 provides:
For purposes of this subchapter, the authorized agents and
employees of the Parks and Wildlife Department are constituted
peace officers. These agents and employees are empowered to
enforce the provisions of this subchapter the same as any other peace
officer, and for such purpose shall have the powers and duties of
peace officers as set forth in the Code of Criminal Procedure, 1965,
as amended.
Id. 26.215.
In our opinion, it is evident that sections 7.193 and 26.215 of the Water Code apply only to
"the authorized agents and employees of the Parks and Wildlife Department." See id. 7.193,
26.215. As we have noted, the individual of whom you inquire is a designated representative of an
authorized agent-Hale County-of the TNRCC. Section 366.071, Health and Safety Code,
requires that a "person designated by an authorized agent under Section 366.014 must hold a license
issued by the commission under Chapter 37, Water Code." TEX. HEALTH & SAFETY CODE ANN.
366.071(b) (Vernon Supp. 2002). Chapter 37 of the Water Code relates to "[o]ccupational
[1]icensing [a]nd [r]egistration" by the TNRCC. TEX. WATER CODEANN. ch 37 (Vernon Supp. 2002).
Section 37.003 provides that "[a] person may not engage in a business, occupation, or profession
described by," inter alia, section 366.071 of the Health and Safety Code, "unless the person holds
the appropriate license or registration issued by the commission." Id. 37.003. Chapter 37 has no
relation in general to the Parks and Wildlife Department, or specifically, to sections 7.193 or 26.215
of the Water Code. Chapter 37 declares the TNRCC, not the Parks and Wildlife Department, to be
'See Letter from Honorable Chris D. Prentice, Hale County Attorney, to Susan Denmon Gusky, Chair, Opinion
Committee, Office of the Attorney General (Sept. 18, 2001) (on file with Opinion Committee) [hereinafter Request
Letter].
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-468, text, February 21, 2002; (https://texashistory.unt.edu/ark:/67531/metapth274778/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.