MARK WHITE 

Attorney General 

The Attorney General of Texas 

November 21, 1980 

Honorable Joe Resweber 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Opinion No. NW-274 

Re: Whether Harris County can 

maintain a fishing pier extending 

into another county 

Dear Mr. Resweber: 

You have asked whether Harris County can expend funds to repair and 

maintain a fishing pier extending out from Harris County’s Sylvan Beach 

Park over the public waters of Galveston Bay, which are in Chambers 

County. You have informed us that Harris County owns the pier. You have 

also advised us that the necessary federal permits for maintenance of a pier 

over public waters have been issued by the U.S. Army Corps of Engineers, 

and that no sgreement exists between Harris and Chambers Counties 

regarding the park. Inquiry is therefore limited to the authority of Harris 

County in the matter. 

Article V, section 18 of the Texas Constitution states that the 

commissioners courts shall exercise “such powers and jurisdiction over all 

county business, as is conferred by this Constitution and the laws of the 

State, or as may be hereafter prescribed.” As the supreme court stated in 

Canales v. Laughlin, 214 S.W. 2d 451 (Tex. 1948): 

The Constitution does not confer on the commissioners courts ‘general authority over the county 

business’ and such courts can exercise only such 

powers as the Constitution itself or the statutes have 

‘specifically conferred upon them.’ See Mills County 

v. Lampasas County, 90 Tex. 603, 606, 40 S.W. 403, 

404; Anderson v. Wood, 137 Tex. 201, 203, 152 S.W. 2d 

1084, 1085. While the commissioners courts have a 

broad discretion in exercising powers expressly 

conferred on them, nevertheless the legal basis for 

any action by any such court must be ultimately 

found in the Constitution or the statutes. 

214 S.W. 2d at 453. 

p. 872 
Honorable Joe Resweber - Page Two 

The applicable statute in this instance is article 6079e, V.T.C.S., which outlines 

the powers available to the county in “acquiring, improving, equipping, maintaining, 

financ@, and operating” public parks owned by the county. V.T.C.S. art. 6079e, S2. 

These powers may be exercised by a specially created Board of Park Commissioners, or 

by the county commissioners themselves. In Harris County, the commissioners court 

has elected to act as the Board of Park Commissioners. The authority for maintenance 

and operation of county parks is set forth in section 9 of article 6079e, which provides 

as follows: 

Subject to the supervision of the Commissioners Court, the 

Board shall maintain and operate any park or parks administered 

by said Board, and subject to the approval of said Court, the 

Board shall have full and complete authority to enter into any 

contract, lease, or other agreement connected with or incident 

to or in any manner affecting the acquisition, financing, 

construction, equipment, maintenance, or operation of any 

facility or facilities located or to be located on or pertaining to 

any park or parks administered by the Board; and any such 

contract, lease, or other agreement may be for such length or 

period of time and won such terms and conditions as may be 

prescribed therein. The Board shall also have authority to 

disburse and pay out moneys and funds under its control for any 

lawful purpose for the benefit of such park or parks. 

Article 6079e, V.T.C.S., does not expressly confine the authority of Harris 

County to maintenance of park property within the county itself. See Attorney 

General Opinion H-1170 (1978) (Potter and Randall Counties may Ktribute to 

operation of park located in Potter County). Although article 6081e, V.T.C.S., limits 

the county’s territorial jurisdiction to acquisition of park sites within county 

boundaries, no land acquisition is involved here. See Attorney General Opinion H-392 

(1974) (authority of county to purchase land outside its territorial limits); see also 

Attorney General Opinion H-462 (1974); Letter Advisory No. 133 (1977)(county 

ownership of land outside its boundaries). 

At Sylvan Beach Park, the shoreline is the boundary between Harris County and 

Chambers County. The pier begins at Harris County and extends for approximately 

220 feet over Chambers County. The language in article 6079e appears to be a grant 

of broad authority for the county commissioners to enter into any contract or 

agreement which would be of benefit to the park, including maintenance of a fishing 

pier which extends into another county. The county of course must maintain sufficient 

control over the pier to ensure that the public purpose for this expenditure is carried 

out. See Tex. Const. art. III, S52; Attorney General Opinion H-413 (1974). 

p. 873 
Honorable Joe Resweber - Page Three 

SUMMARY 

Harris County may maintain a park fishing pier which 

extends from a Harris County Park into public waters located in 

another county. 

f-7 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Amie Rodnick 

Assistant Attorney General 

APPROVED: 

OPINION COMMlTTEE 

Susan L. Garrison, Acting Chairman 

Jon Bible 

Rick Gilpin 

Amie Rodnick 

p. 874