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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 BendHational P&k

Dear SIP: 

### Referenceismadeto your letter of June 19, 1947, which reads aa follows:

"This is in reference to the Land Acquisition Program for Big BenNatlonal Park as authorized byArticle 6077t,, Acts 1939, 46th Legislature, Page 520. "Anappropriation wasmadefor **the** purchase of land by the 47th Legislature, Chapter &l, Pages 1212 and 1213, Item 

### 91. “The 

### TexasState Parks 3oard establiuhed the BQ BendLandDepartment 

### for the purpose of purchasing the lands and-' onAugust 26, 1943'tbe State of ~Texas tiedad 691,338,95 acres to the United QgtfPizgdofAmerica 

### asperenclosedcopy

"Inadditionto 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 Arti

### cle60776 

### andwhich 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 andtitle to which still remains in private ownership, "Werespectfully request opinions on the following questions; "L Canthe Texas State Parks Board sell any of the lands set out in the fourth paragraph of this letter anduse 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 BendRational Park?

“2. Canthe 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 maythe thur,acquired lands be deeded to the Federal Government as apart of the Big Bend Rational Park? "Waywecall your attention to the fol**lowing** legislation onBig BendNational Park which is in addltlonto that already mention

### eel8Art,6077b, Art, 6077c, Art, 6077d and Acts **of** the 48th Legislature, Chapter 291, Page 425. 'Also maywecall your attention to Leglslation on the State Parks Board in general as follows: sivee" Articles 6067 to 60706, in&uIt 

### 1sa settled law of this 8Cata that 

### "public offleers and governmental andadmlnlstratlve boards bosaess only such powers a8are expressly conferred upon themby from the powers so conferred," See also AcmeRefining Co, 06~
Further, "statutes which prescribe andlimit the exercise of official duty are strictly construed in respect to the powers conferred and the mannerof theirHon. N, II.,Lee, page 3--V330

exercise, and such powers are not to be enlarged by construction.” 34Tex. Jur. B68, p. 443,

TheState Parks Board was created by Article 6067, v. c, s., andits general powers and duties are set out in Articles 6068 through 6OVOb,V. C..S. After a careful reading andanalysis of the above statutes, weare 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 ParkaBoard to sell land, weturn next to Articles 6077~ and 6077e, V. C. S. These two Acts, respectively, create the Big 

### BendState Park and the Big BendNational Park. The former statute waspassed In 1933 andamendedin 1937. Thelatter statute was passed In 1939.

It at&ears from Section 2of 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 At the Big BendState Park. c
. whlch created However, whenthe Legislature passed Article 6077e, creating the Big BendNational,~ Park, no grant of authority wasmadeto-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. Onthe other hand, the Legislature, evidently cognizant of the fact that the State Parks Board ownedland 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 mannerby which the State Parks Board could dispose of the lands outside the National Park area and obtain the desired lands within the dealr ated National Park area. Wequote Section 5 of Article 077en

“That the Texas State Parks Board Is hereby authorized to exchange anylands 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 mayhave 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 BendNational -: Park, for lands not yet acquired for park purposes within the 

### area which has been described in this Act anddesfgnated a8the Big BendNational Park," Weconclude, therefore,from a construction of both Articles 607712and 607710,VbCsS., that no authority exists in the State Parks Board to sell any land which said Board mayhave aaquired as a part of the Big Bend State Park anduse the proceeds from said sale to purchase lands which arelocated within the area designated by said Article 6077e, as the Big BendNational 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 5of 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, andprovided 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 maybe deeded to the Federal Qcvernment as a part of the Big BendHaMona Pork0

(1) !PhtState Parks Board has no authority to sell certain lands which it has acquired outside the Big BendIiatlonal Park anduse the proceeds to purchase lands within the said National Park area0Hon. N. H. Lee, page 5--V-330

(2) TheState 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, 

## anaprovide& 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'romthe State Park8 Board to the State of Texas. Theland thus acquired maybe deeded to the Federal Governsent as part of the Big Bend National Park.' Yours very truly

ATTO~GINERALOFTEUS

CEP:bt

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