Untitled Texas Attorney General Opinion

~-612
August 8, 1947
Hon. N. H. Lee, Director
Texas State Parks Board
Austin, Texas
Attention: Hon. E. B. Camlade,
Auditor
Opinion No. V-330
Re: Authority of the Texas
State Parks Board with
respect to land acquired
in its program relative
to Big Bend Hational P&k
Dear SIP:
Reference is made to your letter of June 19,
1947, which reads aa follows:
"This is in reference to the Land
Acquisition Program for Big Ben Natlon-
al Park as authorized by Article 6077t,,
Acts 1939, 46th Legislature, Page 520.
"An appropriation was made for the
purchase of land by the 47th Legislature,
Chapter &l, Pages 1212 and 1213, Item 91.
“The Texas State Parks 3oard estab-
liuhed the BQ Bend Land Department for
the purpose of purchasing the lands and-'
on August 26, 1943'tbe State of ~Texas
tiedad 691,338,95 acres to the United
QgtfPizgdof America as per enclosed copy
"In addition to said area deeded to
the Federal Qovernment, the Texas State
Parks Board acquired certain sections of
land which either adjoined or were partial-
ly included in the area described in Arti-
cle 60776 and which sections were not deed-
ed to the Federal Goverment.
Hon. N. H. Lee, page 2--V-530
"Included within the area described
in Article 6one are certain sections of
land which were not acquired in the Land
Purchase Program and title to which still
remains in private ownership,
"We respectfully request opinions on
the following questions;
"L Can the Texas State Parks Board
sell any of the lands set out in the fourth
paragraph of this letter and use the pro-
ceeds from said sales for the purchase of
lands set out in the fifth paragraph of
this letter, and,may the thus acquired lands
be deeded to the Federal Government as a
part of the Big Bend Rational Park?
“2. Can the Texas State Parks Board
trade any of the lands set out in the fourth
paragraph of this letter for lands set out
in the fifth paragraph of this letter and
may the thur, acquired lands be deeded to the
Federal Government as a part of the Big Bend
Rational Park?
"Way we call your attention to the fol-
lowing legislation on Big Bend National Park
which is in addltlonto that already mention-
eel8 Art, 6077b, Art, 6077c, Art, 6077d and
Acts of the 48th Legislature, Chapter 291,
Page 425.
'Also may we call your attention to Leg-
lslation on the State Parks Board in general
as follows: Articles 6067 to 60706, in&u-
sive e"
It 1s a settled law of this 8Cata that "public
offleers and governmental and admlnlstratlve boards bosaess
only such powers a8 are expressly conferred upon them by
from the powers so conferred,"
See also Acme Refining Co, 06~
Further, "statutes which prescribe and limit
the exercise of official duty are strictly construed in
respect to the powers conferred and the manner of their
Hon. N, II., Lee, page 3--V330
exercise, and such powers are not to be enlarged by
construction.” 34 Tex. Jur. B 68, p. 443,
The State Parks Board was created by Article
6067, v. c, s., and its general powers and duties are
set out in Articles 6068 through 6OVOb, V. C.. S. After
a careful reading and analysis of the above statutes,
we are of the opfnlon that there has been no express
or implied legislative grant of authority to the Parks
Board to sell land,
In further search of a legislative grant of
authority to the State Parka Board to sell land, we turn
next to Articles 6077~ and 6077e, V. C. S. These two
Acts, respectively, create the Big Bend State Park and
the Big Bend National Park. The former statute was pass-
ed In 1933 and amended in 1937. The latter statute was
passed In 1939.
It at&ears from Section 2 of Article 60770.
that the Legislature intended to grant authority to-the
State Parks Board to either sell or exchange any land
acquired under the provisions of that Ac t . whl ch created
the Big Bend State Park. However, when the Legislature
passed Article 6077e, creating the Big Bend National,~
Park, no grant of authority was made to- the State Parks
Board to sell land not included In the National Park
area, so defined by said Article 6077e, and to use the
proceeds for the purchase of lands within the designated
National Park area. On the other hand, the Legislature,
evidently cognizant of the fact that the State Parks
Board owned land outside the National Park area, a# de-
fined 2n said Article 6077e,.and cognizant of the further
fact that there existed lands within the designated Na-
tional Park area which the State Parks Board did not own,
specifically provided In Article 6077e the manner by
which the State Parks Board could dispose of the lands
outside the National Park area and obtain the desired
lands within the deal ated National Park area. We quote
Section 5 of Article r 077en
“That the Texas State Parks Board Is
hereby authorized to exchange any lands that
have been acquired for park purposes under
the prqvls+ons of Chapter 100, Acts First
Called Session of the Forty-third Legisla-
ture, and that may have been acquired for
park purposes under Chapter 95, Acts Regular
Hon. PI.H, Lee, page 4--V-330
Session Forty-third Legislature, that
are situated outside of the boundaries
of the area described and designated
in this Act aa the Big Bend National -:
Park, for lands not yet acquired for
park purposes within the area which has
been described in this Act and desfgna-
ted a8 the Big Bend National Park,"
We conclude, therefore,from a construction of
both Articles 607712 and 607710, Vb Cs S., that no authori-
ty exists in the State Parks Board to sell any land which
said Board may have aaquired as a part of the Big Bend
State Park and use the proceeds from said sale to pur-
chase lands which arelocated within the area designated
by said Article 6077e, as the Big Bend National Park. It
follows that our answer to your first question is in the
negative.
, ?
With regard to your second question, it is our
opinion that the State Parks Board has authority under
Section 5 of Art&ale 6077e, quoted above, to exchange
the lands referred to in the fourth paragraph of your
letter for the lands referred to fa the fifth paragraph
of your letter, if the provisions of Section 5, Article
6077e are met in all respects, and provided further, that
the land or lands to be transferred by the State Parks
Board were not included in the lands enumerated in
Section 4, Acts 1943, 48th Leg., p. 425,,Chs 291, a8
transferred from the State Parka Board to the State of
TeXtW*
It is our further opinion, in connection with
your second question, that the land so aoqt&red by the
exchange may be deeded to the Federal Qcvernment as a
part of the Big Bend HaMona Pork0
(1) !Pht State Parks Board has no au-
thority to sell certain lands which it has
acquired outside the Big Bend Iiatlonal Park
and use the proceeds to purchase lands with-
in the said National Park area0
Hon. N. H. Lee, page 5--V-330
(2) The State Park@ Board has
authority to exchange such lands for,:
lands with& the National Park area,
as prorided in Article 607’te, Sec. 5,
v. co s., IS the conditioae prescribed
fa said section arc met, ana provide&
further, that the lands to be trana-
ferred were not set out in Set, 4,
Acts 1943, 48th Leg. pa 425, Ch. 291,,
as transferred f'rom the State Park8
Board to the State of Texas. The land
thus acquired may be deeded to the Fed-
eral Governsent as part of the Big Bend
National Park.'
Yours very truly
ATTO~GINERALOFTEUS
CEP:bt
‘.’