~-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 Natlonal 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 establiuhed 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 partially included in the area described in Article 60776 and which sections were not deeded 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 proceeds 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 following legislation on Big Bend National Park 

which is in addltlonto that already mentioneel8 Art, 6077b, Art, 6077c, Art, 6077d and 

Acts of the 48th Legislature, Chapter 291, 

Page 425. 

'Also may we call your attention to Leglslation on the State Parks Board in general 

as follows: 

sive e " 

Articles 6067 to 60706, in&uIt 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 passed 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 A t 

the Big Bend State Park. 

c . whl ch created 

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# defined 2n said Article 6077e,.and cognizant of the further 

fact that there existed lands within the designated National 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 

r 

ated National Park area. We quote 

Section 5 of Article 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 Legislature, 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 desfgnated a8 the Big Bend National Park," 

We conclude, therefore,from a construction of 

both Articles 607712 and 607710, Vb Cs S., that no authority 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 purchase 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 authority to sell certain lands which it has 

acquired outside the Big Bend Iiatlonal Park 

and use the proceeds to purchase lands within 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 tranaferred 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 Federal Governsent as part of the Big Bend 

National Park.' 

Yours very truly 

ATTO~GINERALOFTEUS 

CEP:bt 

‘.’