Re: Whether a licensed crab fisherman must obtain permission from the owner of submerged land in order to place crab traps at that location (RQ-0130-GA)

S U M M A R Y

A licensed crab fisherman need not obtain permission from the owner of submerged land that lies beneath tidal waters in order to fish crab traps at that location. These waters are owned by the State of Texas and are open to the public for fishing in accordance with applicable Parks and Wildlife Code provisions and implementing regulations.

Opinion No. GA-0182

Mr. Robert L. Cook

Executive Director

Texas Parks and Wildlife Department

4200 Smith School Road

Austin, Texas 78744-3291

Re: Whether the Texas Parks and Wildlife Department may convey real property or an interest in real property the State received under a court-approved final judgment "solely for the use and benefit of the . . . Department, acting in the Public Trust . . . only for public park purposes, for promoting public beach access, and for off-beach parking" (RQ-0131-GA)

S U M M A R Y

Assuming that the relevant Agreed Final Judgment would permit it, the Parks and Wildlife Department may not convey an easement in donated real property to an adjoining property owner unless the Department has concluded that owning the easement interest is not in the Department's best interest, under section 13.009 of the Parks and Wildlife Code. Similarly, the Department may not convey the donated real property in its entirety under section 13.008 or an easement interest in donated real property under section 13.009 to a person or entity for a use consistent with the Agreed Final Judgment unless the Department first determines that its ownership of the property or interest is no longer in its best interest.

Opinion No. GA-0183

The Honorable Burt R. Solomons

Chair, Committee on Financial Institutions

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether 49 U.S.C. §14501(c)(1) preempts chapter 145 of the Texas Civil Practice and Remedies Code (RQ-0123-GA)

S U M M A R Y

The employee background-check requirement established by section 145.002 of the Texas Civil Practice and Remedies Code is preempted by 49 U.S.C. §14501(c)(1) to the extent the state-law requirement applies to motor carriers regulated by federal law. The background-check requirement is not preempted to the extent it applies to motor carriers' intrastate transportation of household goods. See 49 U.S.C. §§13102(10) (2000) (defining "household goods"), 14501(c)(2)(B) (preserving state authority over motor carriers' transportation of household goods). Although interstate transportation of property, including household goods, is generally governed by federal law, the chapter 145 "presumption of no negligence" might apply in a state-law tort action against a motor carrier that is not preempted by federal law.

For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-200402780

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 27, 2004