September 30, 1965 

Honorable John Connally 

Governor of Texas 

Austin, Texas 

Opinion No. C-518 

Re: Whether Texas Is authorized 

to participate In the Land 

and Water Conservation Funds 

Act, Public Law 88378, and 

can receive and disburse 

Dear Governor Connally: 

funds for the purpose of 

the Act. 

You have requested an opinion from this office concerning whether the Parks and Wildlife Department Is authorized to 

receive Federal funds under the Land Conservation Fund Act, Public 

Law 88-578. In addition, you have pointed out that before the 

State of Texas Is eligible to receive certain grants-in-aid apportioned to it in the amount of $3,544,969 the United States 

Department of the Interior, Bureau of Outd.oor Recreation, requires 

that the following authority be vested in some state agency or 

agencies: 

"1 . To prepare and maintain a Comprehensive 

State Outdoor Recreation; 

“2. To develop, operate, and maintain outdoor 

recreation areas and facilities; 

"3. To acquire land, waters, and Interests In 

land and waters for recreation purposes; 

"4. To enter Into contracts and agreements 

with the United States and an appropriate agency 

thereof; 

"5. To keep financial and other records relative to such contracts and agreements; 

"6. To furnish appropriate officials of the 

United States such reports and Information as are 

required for the conduct of the grant program; 

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Honorable John Connally, page 2 (C-518) 

“7. TO coordtnate Its recreation activities 

with those of other State Agencies and governmental 

units; 

"8. To receive Federal moneys; 

"9 . To disburse Federal moneys; 

"10. To assure the United States that the 

State has the ability and Intention to finance 

its share of any project proposed; 

"11. To assure that areas acquired or developed 

with money granted from the Fund will be operated 

and maintained for public recreation purposes; 

"12. To enter Into agreements on behalf of 

political subdivisions and public agencies, and 

to require from such entitles the necessary flnancial and other assurances." 

Senate Bill 165, Acts of 59th Legislature, Regular 

Session, 1965, Ch. 112, p. 269 provides that: 

"Section 1. The Parks and Wildlife Department of the~State of Texas is hereby designated 

a&the State Agency to cooperate with the Federal 

Government In the administration of the provisions 

of any federal assistance programs for the planning, 

acquisition, operation, and development of the outdoor recreation resources of the State, including 

the acquisition of lands and waters and interests 

therein, and specifically to cooperate with the 

Federal Government In the administration of the 

provisions of the 'Land and Water Conservation 

Fund Act of 1965' (Public Law 88-578) effective 

January 1, 1965, and any amendments which may 

be added thereto from time to time, In the event 

no other State Agency is by law d.esignated to 

cooperate with the Federal Government in the 

administration of the provisions of such Act 

or other Acts which may be hereafter enacted 

by the Congress. 

*The Parks and. Wildlife Department Is 

hereby'aithorized and directed to cooperate with 

the proper departments of the Federal Government. 

and with all other departments of the state and 

local governments including as a part of a state 

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Honorable John Connally, page 3 (C- 518) 

plan water districts, river authorities, and 

special d.lstrlcts In out-door recreation In 

the enforcement and admlnlstratlon of the provisions of the Fed.eral Acts and any Amendments 

thereto. . . .It Is the intent of the Leglalature to add to the purposes, functions and 

duties of river authorities and water d,lstrlcts 

or other political subdivisions organized under 

Article III, Section 52, or Article XVI, Section 

59, of the Constitution of Texas, and counties, 

to acquire land.8 for public recreation purposes, 

to construct thereon facllltles for public use, 

to provide for the operation, maintenance and 

supervision of such public recreation areas, 

and to enter Into agreements with other local, 

state or Federal Agencies for planning, constructlon, maintenance, and operation of such 

facilltles, together with necessary access 

roads thereto, and to maintain adequate sanitary 

standards on the land and water areas as a 

part of and adjacent to such recreation areas. 

. . . 

“Sec. 2. The Parks and Wildlife Department 

Is authorized and empowered to prepare, maintain, 

and keep up-to-date a state-wide comprehensive 

plan for the development of the outdoor recreation 

resources of the State of Texas; to develop, operate, 

and maintain outdoor areas and facilities of the 

state and to acquire land, waters, and Interests 

In land and waters for such areas and facilities. 

%ec. 3. The Parks and Wildlife Department 

is authorized to apply to any appropriate agency 

or officer of the United States for participation 

In or the receipt of aid from any Federal programs 

as now provid.ed by law or as may hereafter be provided respecting outdoor recreation. The Parks and 

Wildlife Department Is authorized to enter Into contracts and agreements with the United States or any 

appropriate agency thereof for the purpose of planning, for acquisition of, and d.evelopment of outdoor 

recreation resources of the state in conformity with 

the provisions of the ‘Land and Water Conservation 

Fund Act of 1965’ and any Amendments thereto, and. 

in conformity with any other Federal Act the purpose of which Is the development of outdoor recreation resources of the state. The Department shall 

keep financial and other records relating to such 

programs and shall furnish to appropriate offlClalS 

and agencies of the United States and of the State 

Government such reports and Information as may be 

reasonably necessary to enable such officials and 

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Honorable John Connally, page 4 (C-518) 

agencies to carry out their responslbllltles 

for the administration of such programs. 

“In order to obtain the benefits of any such 

programs, the Parka and Wildlife Department shall 

coordinate Its activities with and represent the 

interests of all agencies and political subdivisions 

of the State of Texas. . . . 

“Sec. 4. The Parks and Wildlife Department 

shall make no commitment or enter Into any agreement pursuant to the authority under this Act 

until it has determined that sufficient funds 

are available to it for meeting the state’s share, 

If any, of the cost of the project. It is the 

legislative Intent that to such extent as may be 

necessary to assure the proper operation and malntenance of areas and facilltles acquired or developed pursuant to any program participated in by 

the State of Texas under authority of this Act 

such areas and facllltles shall be publicly malntained for outdoor recreation purposes. 

“The Parks and Wildlife Department may enter 

into and administer agreements with the United 

States or any appropriate agency thereof for 

plans, acquisition, operation, and development 

of projects involving participating Fed.eral aid 

funds on behalf of any political subdlvlalon or 

subdlvlslons of the State of Texas. 

vlded that such political subdivlslon’o~ %vislons shall provide certification and give necessary assurance to the Department that they have 

available sufficient funds to meet their share 

if any, of the cost of the project and that the 

acquired or developed areas will be operated and 

maintained at the expense of such subdivision 

or subdivisions. . .for public outdoor recreation 

use ?. 

“Sec. 5. The Parks and Wildlife Department 

is authorized to accept and expend any Federal 

moneys allocated to the State of Texas for any 

projects or programs established for the purpose 

of carrying out the provisions of this Act and 

for administrative expenses and/or any other expenses incident to the administration of said 

projects or programs. 

“The Parks and Wildlife Department 18 authorized to receive and expend. funds fran the 

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Honorable John Connally, page 5 (C- 518) 

state, counties, and cities, and from any other 

source for the purpose of carrying out the provisions of this Act. . . ." 

In view of the foregoing provisions contained In 

Senate Bill 165, we are of the oplnlon that the Parks and Wlldlife Department is authorized to participate In the "Land and 

Water Conservation Fund Act", Public Law 88-578, and to receive 

and expend funds for such purpose. 

In addition, we are of the further opinion that the 

provisions of Senate Bill 165 vests In the Parks and Wildlife 

Department the authority required by the United States Department 

of the Interior, Bureau of Outdoor Recreation, to make the State 

of Texas eligible to receive certain grants-in-aid pursuant to 

the "Land and Water Conservation Fund Act", Public Law 88-578. 

SUMMARY 

The Parks and Wildlife Department, pursuant 

to the provisions of Senate Bill 165, Acts of the 

59th Legislature, Regular Session, 1965, Ch. 112, 

p. 269, Is authorized to participate In the "Land 

and Water Conservation Fund Act", Public Law 88-578. 

The provisions of Senate Bill 165 vests In 

the-Parks and Wildlife Department the authority, 

required by the United States Department of the 

Interior, Bureau of Outdoor Recreation, to make 

the State of Texas eligible to receive certain 

grants-in-aid pursuant to the "Land and Water 

Conservation Fund Act," Public Law 88-578. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

PB:mkh 

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Honorable John Connally, page 6 (C- 518) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

W. 0. Shultz 

John Reeves 

Roy Johnson 

c. L. Snow 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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