,

**Auwrm. ‘** **lk** November 

### 26.

The Honorable Douglass Hubbard Executive Director The Admiral Nimitz Center Fredericksburg, Texas 78624 

### 7sr11 1975
Opinion No. H- 744 Re: Whether the Fleet Admiral Chester W. Nimitz Memorial Museum Commission is an agency eligible to receive a federal outdoor recreation resources grant. Dear Mr. Hubbard:

You have requested our opinion regarding whether the Fleet Admiral Chester W. Nimitz Memorial Museum Commission is a state agency eligible to receive a federal grant. You state that the Commission desires to acquire land and construct public use facilities onthe basis ofmatching funds from the Land and Water Conservation Fund ofthe Federal Bureau ofOutdoor Recreation.

The Fleet Admiral Chester W. Nimitz Memorial Museum Commission was created by Acts 1969, 61st Leg., ch. 8, p. 19. The Commission is authorized thereby, in section 3, to [h] accept onbehalf ofthe State of Texas donations ofmoney, property and historical relics. and to [i] acquire property and historical relics by purchase within the limits offunds available. The purpose ofthe Commission is to foster andcommemorate the memory ofthe era of supreme United States naval power upon the seas and the men andwomen ofthe armed services whose gallant and selfless dedication to duty made this era possible. Section 3(a).

p. 3160.’ .

The Honorable Douglass Hubbard - page two (H-744)

The statute was amended in 1971 topermit the Commission to “exercise the power of eminent domain to acquire the lands that are necessary and proper for carrying out its purposes.” Acts 1971, 62nd Leg., ch. 304, p. 1239.

InAttorney General Opinion M-1212( 1972), this Office concluded that the Commission was authorized to enter into acontract with the United States Department ofHousing &Urban Development to receive funds for the purpose ofpurchasing or condemning certain real estate that would comprise part of the museum site. Inour view, Attorney General Opinion M-1212 was clearly correct, since the Commission is expressly authorized to “acquire property” and to “exercise the power of eminent domain. ” Thus, it is our opinion that the Commission is an agency eligible to receive federal funds and that itmay expend such funds to purchase or condemn land and other property.

The Commission is not specifically authorized by statute to develop recreational facilities, however. Although construction oflimited public use facilities would appear to be a means offulfilling the Commission’s statutory purpose, andwould derive from its authority to acquire property, itwill remain afact question whether the development ofa particular type of recreational resource would be within the Commission’s purpose provided in section 3a, supra. Itis of course well established that an administrative agency has only such powers as are expressly granted to itby statute and those necessarily implied therefrom. Stauffer v. SanAntonio, 344 S.W. 2d 158 (Tex.Sup. 1961). Although a statute conferring administrative authority is tobe liberally construed, Railroad Commission of Texas v. Galveston Chamber of Commerce, 145 S.W. 573 (Tex. Sup. 1912). the aeencv must not act bevond the clear intent ofthe Legislature: Gulf .&ast w’ate,; Co. v. Cartwriiht, 160 S.W. 2d 269 (Tex. Civ. APP. --Galveston 1942, err. ref. w.0.m. ). SUMMARY The Fleet Admiral Chester W. Nimitz Memorial Museum Commission is an agency eligible to receive federal funds andmay expend such funds topurchase or condemn land and other property. The extent to which the Commission may expend funds to develop recreational facilities is afact question. -Very truly yours,

p. 3161The Honorable Douglass Hubbard - page three (H-744)

APPROVED:

Opinion Committee jad:

p.3162