The opinion
The Attorney General of Texas
December 21, 1978
JOHN L. HILL
Attorney General
Honorable Ron Bird Opinion No. Ii- 1382
House of Representatives
Committee on Regions, Compacts Re: Authority of Board of Park
and Districts Commissioners and Commis-
P. 0. Box 2910 sioners Court to regulate roads
Austin, Texas 78769 and rivers in and bordering parks.
Dear Representative Bird:
You have requested an opinion regarding the authority of a Board of
Park Commissioners which operates a county park pursuant to article 6079e,
V.T.C.S. You wish to know the board’s authority with respect to vehicular
speed limits, pedestrian traffic, parking, aquatic activities, park fees, and the
establishment of park boundaries.
In counties of 70,000 or more the commissioners court may adopt the
provisions of article 6079e for the purpose of “acquiring, improving, equiping,
maintaining, financing, and operating” county parks. Art. 6079e, S 2, V.T.C.S.
A Board of Park Commissioners, subject to the supervision of the county
commissioners, may be established at the option of the commissioners court.
Art. 6079e, SS 2, 4, 9.
Section R(a) provides that
[tlhe Board shall have the power and authority, . . . to
adopt and promulgate all reasonable regulations and
rules concerning the use of any park or parks adminis-
tered by said Board.
We believe that section 11gives broad authority to the board to establish rules
and regulations concerning parking, pedestrian traffic, recreational water
activities, and speed limits. See also art. 67Old, S 27(a)(5); but see Penal
Code S 1.08; Attorney General Opinion V-429 (1947) (county possesses no
general police power to regulate traffic).
Article 6079e authorizes the county to issue park bonds (as does article
608lf) and so long as there is outstanding bond indebtedness the Board of Park
Commissioners “shall charge and require the payment of fees, charges, and
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Honorable Ron Bird - Page 2 (H-1302)
tolls for the use of such properties and facilities” which are sufficient to retire the
bonds. V.T.C.S. art. 6079e, SS 12,14,15. In the absence of bond indebtedness we do
not believe that the county has authority to collect any fees for park use. See
Attorney General Opinions H-1052 (1977)(assessment of road tax not dependent=
outstanding bond indebtedness); H-990 (1977) (county may not charge tolls for
ferry); WW-1482 (1962) (county may not assess fees on motorboats using county
park); V-744 (1948).
You also ask about the incorporation into the park of private lands surrounded
by park property. The decision to purchase or condemn private property for park
purposes lies within the discretion of the commissioners court. V.T.C.S. arts.
3264a; 6079e, S 4; 6061e; S 1; 6061f.
You finally ask whether a county with a population of less than 70,000 may
establish a Board of Park Commissioners with powers similar to those described in
article 6079e. AR counties in Texas have the authority to acquire park land. Art.
6081f, V.T.C.S. ln exercising this power, we believe the commissioners court may
hire or appoint necessary personnel to administer the parks so long as such
employees are subject to the supervision of the commissioners to the extent that
the commissioners court’s authority is not delegated. Upon approval and
ratification by the commissioners court, we believe a park commissioners board
may adopt rules and regulations similar to those allowed pursuant to article 6079e.
Attorney General Opinions M-880 (1970) (commissioners court has implied power to
appoint a count museum board to administer and set policy for county museums);
WW-681(1960) &ounty may not delegate control of county park to the city). see
generally H-977 (1977)(county commissioners court cannot &legate its authori;y%
approve claims against the county).
SUMMARY
A county commissioners court may adopt, through an
administrative board, reasonable rules and regulations
regarding the use of county parks. In the absence of bond
indebtedness, no fees may be charged for the use of county
parks.
A Very truly yours,
Attorney General of Texas
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Honorable Ron Bird - &age3 (H-1302)
APPROVED:
w
Opinion Committee
p. 5128