MARK WHITE Attorney General 

# The Attorney General of Texas

November 21, 1980

Honorable Joe Resweber Harris County Attorney 1001Preston, 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: Youhave 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. Youhave informed usthat Harris County owns the pier. Youhave also advised usthat the necessary federal permits for maintenance ofapier 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 inthe 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, 214S.W.2d451(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 asthe Constitution itself or the statutes have

‘specifically conferred upon them.’ See Mills County v. Lampasas County, 90 Tex. 603, 606, 40S.W. 403, 404; Anderson v. Wood,137Tex. 201,203, 152S.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 inthe Constitution orthe statutes. 214S.W.2dat 453.

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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 beexercised byaspecially created Board ofPark Commissioners, or by the county commissioners themselves. In Harris County, the commissioners court has elected to act asthe Board ofPark Commissioners. The authority for maintenance and operation ofcounty parks isset forth in section 9ofarticle 6079e, which provides as follows: Subject to the supervision of the Commissioners Court, the

Board shall maintain andoperate any park orparks 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 belocated onorpertaining 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 ofsuch park orparks. 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 ofpark 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 isinvolved 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 ofland outside its boundaries). At Sylvan Beach Park, the shoreline isthe 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 agrant 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 ofcourse must maintain sufficient control over the pier to ensure that the public purpose for this expenditure iscarried out. See Tex. Const. art. III,S52;Attorney General Opinion H-413(1974).

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SUMMARY Harris County may maintain a park fishing pier which extends from aHarris County Park into public waters located in another county. f-7

MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General RICHARD E.GRAYIII Executive Assistant Attorney General Prepared byAmie Rodnick Assistant Attorney General APPROVED: OPINION COMMlTTEE Susan L.Garrison, Acting Chairman Jon Bible Rick Gilpin Amie Rodnick

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