Untitled Texas Attorney General Opinion ( 1972 )

THE A RNEY GENERAL
OFTEXAS
Honorable James U. Cross Opinion No. M-l 131
Executive Director
Texas Parks and Wildlife Dept. Re: May the Texas Parks and
John H. Reagan Building Wildlife Department contract
Austin, Texas 78701 for the sale of water to a
private individual whose
Dear Mr. Cross: property adjoins a state park?
You have requested an opinion of this office regarding the above
captioned matter. The circumstances are set forth in your request
as follows:
“On November 3, 1971 Mr. William Ellis of
Grand Prairie submitted a formal request to our
Department for permission to tap the water line
in Eisenhower State Park in order to obtain water
service for his residence now under construction
on adjacent property.
11
. . .
“You are advised the Eisenhower State Park water
system, including the water line from the City of
Denison Water Plant to the park, was constructed
by the state and, therefore, is State property. The
Department purchases water from the City of
Denison at standard rates. . . . ” (Emphasis added)
As pointed our in your request, the water line was constructed by the
State and is State property.
Neither the statute creating the Parks and Wildlife Department
and defining its powers (Article 978f-3a, P. C. ) nor the statute creating
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Honorable James U. Cross, page 2 (M-1131)
the Eisenhower State Park (Article 6077k, V. C. S. ) contain any provision
which would allow the Parks and Wildlife Department to contract with
any private individual for the sale of water.
Powers and duties of public officers such as the Parks and Wildlife
Department are restricted to those authorized and necessarily implied.
47 Tex. Jur. 2d 138-9, Public Officers, Sec. 105. The Salvage and
Surplus Act of 1957 (Art. 666, V. C. S. ) is the general statute governing
sale of personal property to individuals by the State, but this Act does
not authorize sale of water by your agency under these circumstances.
Article 6077k, which creates the Eisenhower State Park, authorizes
the administrative state agency to operate the park under its regulations
and you advise us that no regulations relating tothe sale of water under
these circumstances are in effect. However, before any such regulation
may be validly promulgated for such sale, the Legislature would have
to enact statutory authority authorizing such sales.
SUMMARY
The Texas Parks and Wildlife Department does
not have statutory authority to contract for the sale
of water to a private individual whose property
adjoins a state park.
YoudAery truly,
General of Texas
Prepared by James Hackney
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
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. .
Honorable James U. Cross, page 3 (M-1131)
Harriet Burke
Jack Goodman
Bill Campbell
Roland Allen
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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