TEXAS. 255 



TEXAS. 

 Laws of 1907, H. B. No. 379. 



Game, fish, and oyster commissioner: Sec. 1. Be it enacted by the Legisla- 

 ture of the State of Texas: In order that the provisions of this act may be carried out 

 it is hereby provided that the Fish and Oyster Commissioner shall hereafter be 

 known as the Game, Fish and Oyster Commissioner, and in addition to the duties 

 now imposed upon the Fish and Oyster Commissioner, he shall hereafter perform all 

 the duties imposed by this act and shall have and execute all the additional authority 

 herein provided. It is expressly provided, however, that nothing in this act shall 

 be construed as in any way repealing any law existing or hereafter enacted relating 

 to fish and oysters and wild game and wild birds, except to change the official titles 

 of the Fish and Oyster Commissioner to Fish, Game and Oyster Commissioner, and 

 fixing his additional powers and duties. 



Duties and powers: Sec 2. It is hereby made a special duty of the Game, Fish 

 and Oyster Commissioner to enforce the statutes of this State for the protection and 

 preservation of wild game and wild birds, and to bring or cause to be brought actions 

 and proceedings in the name of the State of Texas to recover any and all fines and 

 penalties provided for in the laws now in force or that may hereafter be enacted 

 relating to wild game and wild birds. Said Game, Fish and Oyster Commissioner 

 may make complaint and cause proceedings to be commenced against any person 

 for violation of any of the laws for the protection or propagation of game or birds 

 without the sanction of the county attorney in which such proceedings are com- 

 menced, and in such case he shall not be required to furnish security for costs. Said 

 Commissioner shall at any and all times seize and take possession of all birds and 

 animals that have been caught, taken or killed, or had in the possession or under 

 control, or have shipped contrary to any of the laws of this State, and such seizure 

 may be made without a warrant. All birds or animals seized by the Commissioner 

 shall be disposed of in such manner as may be directed by any court having com- 

 petent jurisdiction to hear and determine cases for a violation of the game and bird 

 laws of this State. 



Arrest: Sec. 3. Said Game, Fish and Oyster Commissioner shall have the same 

 power and authority to serve criminal process as sheriffs, and shall have the same 

 power as sheriffs to require aid in executing such process. Said Commissioner may 

 arrest without warrant any person found by him in the act of violating any of the 

 laws for the protection or propagation of game or wild birds, and take such person 

 forthwith before a magistrate having jurisdiction. Such arrests may be made on 

 Sunday, and in which case the person arrested shall be taken before a magistrate 

 having jurisdiction, and proceeded against as soon as may be, on a week day fol- 

 lowing the arrest. 



Report: Sec 4. Said Commissioner shall at the close of each calendar month file 

 with the Secretary of State a report in writing, stating the service performed by him 

 during the last preceding month, including a detached statement of the suits com- 

 menced at his instance and the disposition made of same, and any other particulars 

 he may think proper, and no payment for services performed or expenses incurred 

 by said Commissioner shall be made until he shall present to the Comptroller of 

 Public Accounts, in addition to the usual certificate of performance and payment, a 

 certificate from the Secretary of State that he has made the report required by this act. 



Chief deputy: Sec 5. Said Game, Fish and Oyster Commissioner shall have power 

 to appoint a chief deputy who shall maintain an office in the Capitol of the State; 

 said chief deputy shall take the constitutional oath of office and shall act as general 

 assistant to said Game, Fish and Oyster Commissioner, and during the absence or 

 sickness or disability of the Commissioner he shall exercise the duties of said Com- 



