Untitled Texas Attorney General Opinion ( 1940 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Texas State Parks Board
Austin, Texas
Gentlemen:
roperty to reach
,r--. orlaunch boats on such
/ '\.
/ '1.. waters.‘.
This i
requesting the o
questions:
, '.,,
,!n the Texas State Parks Board legally
e a f,ee fcrboab``btorage on the waters of
$@>u+~ Christi I/'
,I ' ,,?, .,-.A
! i "If th'e above question is answered in the
'~negativa cana fee be charged by the Texas State
Parks Board to those entering upon park property
to :.aunch boatsor reach same after they have
been iallnched on the waters of Lake Corpus
Christi?"
In State Y. B~Mo~ (CCA 1937), 111 S' W. (26) 347,
writ refused, the court said:
"The State park board is not an independent
corporation or institution operated for financial
gain, but is an agency of the state authorized to
and charged with the responsibility of acquiring
and naintaining a system of public parks for the
benefit of the people generally, for the benevolent
purpose of promoting the health, happiness, and gen-
eral welfare of its citizens."
__ __ _ ___ ^_ __ _
Texas State Parks Board, page 2
Being an agenoy of the State the authority of the
board 18 oiroumscribed by the statutes of its creation. Acme
Refining Co. vs. State (CCA 1935), 86 S. W. (2d) SO?.
We have oarerully examined the provisions of Title
103 or the Revired Civil Statute8 of Texa6, 1926, relating
to the powera and duties of the State Parks Board and the
acquieition, conduot and control of State Parks by that
agency, but we have been unable to discover that the Board
has been given authorization by the Legislature to charge a
fee or fees for any purpose. True, it has been authorized
to grant concessions and to meke conoession contracts (Artiole
607Oa, Vernon’s Annotated Civil Statutes) but it has not been
authorized to charge fees for boating privileges on lakes
within or adjacent to State parks.
You are therefore respectfully advised and it is the
opinion of this department that the Texas State Parks Board is
without authority to charge fees for the storage of boats upon
the waters of Lake Corpus Christi; nor may it charge fees to
those entering park lands for the purpose of reaching or launch-
ing boats.
Yours very truly
ATTORNEYGFJTERAL
OF TEXAS
BY
James’:’ Smullen
issiatant
JES:RS
APPROVEDJUL 9, 1940
Approved
/a/ Glenn R. Lewis Opinion Committee
ACTING ATTORNEYGENE-MLOF TEXAS By B.W.B., Chairman