Mr. E. B. &Made, Chief Accountant Opinion No. WV-l.22 Tome Stat8 Park8 Board Austin,T8X88 R0: PmpOr depository for dividend Check8fra8 atOOk gIveen State Park8 Board for maintenance of Bear Hr. Car&de: Varwr-Hogg State Park.

ik qUOt8 the folloving fra yO”Z letter

requesting

OUT Opinion
on tim above captioned subjsotr
“Enclosed

18 a photoetat

copy of a deed dated December3, 1956, from I188 Hogg to the State Park8 Board of the State of TO=8 0onv8ying 52.67aorea in Braaoria

County,TBWII,for State Park purpoeee.
. . .

n hb haY0, in Ollp pO88888iOZl,

etock Certifiaaie;

&dewing 330 elnreaof Kennecott Copper Corporation

common atookand 100 share8of Iiiggett and Myers TobaccoCompanycomnon&Oak. Theee atoak CertifiCatas

aI’ in the name of the State Parks Bosrd of the State of Tame.

“We have received

a check from Liggett and Myars TobaccoCompany payableto State Park8 Board of the State of Tex88 in the amount of $200.00and
a check from Kennecott CopperCorporation

payable to state Parka Board of the State of Texas in the amount of $495.00 in pagmsntof dividends on Bald hares of stock.

“In view of the ~ovleion in said deed that:
“‘all of the cash dividend8 from said 8toOk ahall be used only far the operation, maintenance and improvement

of the premiees

herein&we granted, and no other,and that the title to said stook aball veet and ren!ain

in said State Parks Board for 80 long a tlw as said premisesahall be used for State Park purposes, as hereinprovided’,

m reepeotfully

requeetyour opinionon the following question:Mr. E. B. CaIniade, page 2 (WW-122)

v'Where

ie the Stat8 Parka Board authoriaed to d8pO8itthe dividend oh8ok8 in ordar that an aOOOUZlt

ICay be 08tabli8h8d

Wb8by the Stat8 Park8 Board oan oarry out the proviaiona of said deed?‘”

In addition

to the provision

vhioh you quoted in your latterof requeet,the deed contains the following

proviaionr

"TO HAVE AND TO HOLD the above deeoribed premise8

and shares of stock,togather with all and singular,

the right8 and appurtenances thereto in anywise.belonging unto the said State Parks Board of the State of Texas 80 long a8 said premises are continuously h8J.d and used by said Grantee,

and its succeaaora, a8 a State Park under the covenants, terms and provieions hereof, and no longer;

and if the same be not used for said purposes,

or at any time cease to be used for such pUQO8e8, Or at any ti8leb8 U8ed'fW any otherpurposessave and except those uhioh are herein expressly

described

and mentioned,

then and thereupon

this conveyance

and tran8fershall be null and void and said pW8i808 and 8hare8 of stock,together

with any additional OF substitute ehareswhich may be hereafter acquired

by way of merger, consolidation, stockdividends,

split-ups, and/Or spin-offs,

by the issuingcorporations or their successors,

shall isuwdiately

thereafter revert to Grantor

herein,

her heir8 or assigns, and it shallbe lawful, without suit, but only upon the giving of reasonable nOti to the &ate Parks Board of the Stat8 of Texas, or it8 8ucce8- SOTS, for Granterherein, her heirs or assigns, to' re-enter

and repossesssaid premises and repossess said sharesof stock,and thereafter peacaably

to hold and enjoy said premises and shares of stock
as if thesepresents had not been made; and no act or omission

on the part of Grantor, her heirs OT assigns,save the failureto give such notice, shall be or constitute a waiver of the Operation
or enforcement

of such condition;

and upon such occqence the State Parks board of the State of Texas herebyexpressly binds and obligate8 itself to re-transfer,

re-assign,

and deliverunto Grantor, her heirs or assigns, and all certificates evidencing

said shares."Mr. E. B. Camiade, page 3 (wl.22)

Artiole 6068,Title 103, V.C.S.,authorisee the Board to aooapt title on behalf of the State to any traot of land deemsd 8titabG by the Board for parkpurpO8e8. Thera is no expresoauthorization to tim BOard t0 aOCOpt p8r8OI8Ll

pmperty, nor 18 there iU Title 103 any expre88**8t.StIP** tory pXWi8iOn OOI~taining a direotive

a8 t0 the prop8edepository for Ca8h re8ultingfmma gift forth maintenance of a Statepark. htherefore de-d it naO888ary firet to determine

whetherthe Board ua8 authorized to aoaept the gift of stook. U8 have oonoluded that the Board18 impliedly authorised

to receive

donation8

of personal

property

for the ppaintenance of a State **park** for the folloving reaaeone.

It is settled

as the law of this State that "public offiOer8 and govemmntal and administrative board8possessonly 8uch pOuer8a8 are necessarily

conferred

upon them by law or v so conferred" 34 Tex.Jur., 440, &l, Sec. 67. ~aupplied tbro&hout.)

Although it is true that statute8 which preecribe

and limit the exerciee

of official

duties 8re strictly construed

in respectto the powers oonferred

and the mmner of their exeroiee, it is equally

well settled

that a lav which confers a power or i8tposea

a duty upon au OffiOeror board carriea

with it by duplication the authority

to do euch thing8 a8 are rea8OUably

neceesary

to carry into effectthe power grantedOr the duty imposed. 34 Tex.Jur. 44344.4,

Sec. 68.
The Parks Board as an agency of the State 18 authorised to and charged

with the responeibility of aaquiring

m a system of publicpark8 for the benefitof the people genera- for benevolentpurpo8e8,promoting

health,

happineas

and the general

welfare of the oiti8ens of~;ey. -v. IJJ S.W.2d 347 (Tex.Civ. App. 1937,

. . Since the Board la specifically authoriaed

by Article 6068 to acceptdOnatiOn8

Of land for Stat0parka purposes, and 8iIIC8

under the above cited decisionit is o&god with the duty of &&&n&g a sy8tem of publicparks, It ha8 implied authority

to aocept cash donation8 or, as in this case, donation8 of stookgiven in conneotion with the grant of land for park purposes for the purposeof maintaining the land8 donated.
Article 6069 contains the following

provision:

n

. . . The purposeof this law is to initiate a movementlookingto the establishment ev8ntuaT.T.y

of
a system of Stateparks for the benefitof the people, securedeitherby a donation or purchase,or established on any land Owned by the Stateavailable for such purposes."bh-. E. B. Camiade,

page 4 (W-122)

**It iS**  **llOtOW&hyth%t thi8**  **8t.Sbl8llt Of**  **PUrpOSO** do88 **llOt r8qll.b8**  **th8** donationa,

vhiohwin help 18ad to th8 e8tabliahment of a ayatem of Stat8parka, to be in land, Suoh an interpretation would deny the B&d a power essential to the aooompliahment of the prinoipal

pur- ~088 for vhioh it wa8 oreated.

SeOtiOn1 Of A&i018 607Ob read8 a8 fOllOW8:
nThe'Texa8

State Parka Board 18 herebyauthoriaed and empowered

to acquire Statepark site8 by purchase, gift or otherwise,

and to improve,

beautify

and equip, and to contraot

with any peraon,~

firm or corporation for the dmprovement, beautification

or equipment

of the Statepark8 of this State to auoh an extanta8 to eaid Boardmight be deemedadvisable. The authority herein give!?

t0 pUrOhs8018 lImitedt0 tV0 year8 from the effective

date of this Act." Although

the purahasing

authcrity.granted

under thi8 partioular seotion

has expired,

the State Park8 Board 18 stillauthoriaed and emPOVOWd to acquire

park sit08 by pIJrCba80, gift or OthelWi88,

t0 dJDprO'Je th!SS, etc., and to contract with any person, firm or'oorporation for their improvement

or equipment. Being authoriaad to contract

for euoh purpo8e8, the Board is impliedly authoriaed

to aOUOpt gifts for the 8ame purposes.
The Tows Legislature clearlyintended

t&t the Parks Board eatabliah

and nraintain

a parks systemand that it receivedonations therefor. These donation8 lightan

the tax burden of the people. This intentbeing evident; the 8tatutes

ehouldnot be 80 oonatrued a8 to nullifythe will of the Legislature and cause a oonfllot with the apparent legislative

purpose. GJS

therefare

hold that the Parke Board may exercise the power to acceptgift8 of personal property,

this additional

power being necessary

to an efficient

di8ChargO

of their dUtiO8,and necessarily impliedfromthe broad powera given them.

!& pa88 to a consideration of the properdapoaitory for the dividend

checks. It is ilear that the fund8which have been and viu. be receimd from **thi8 8tOOk**  WV- **b8CcSne “**  **Stat0** fIUld8" in th8 881180

that they could be placed in the general revenuefund and appropriated by the Lsgi8lature.The stockdividend8 are impre88ed

with a tru8t and in8y be expended

only for the purpose8statedin the deed of gift. Furthermore,

we think it is apparent,that it was not the intention of the settler

that the80 funds be placedwithin em specialfund in the StateTreasury

because

the State's

title to the stockand any revenue8Mr. E. B. Camiade, pge 5 (VW-I.221

therefrom

would terminate

shouldthe State fail to oomply with the condition

of the gift. In auoh event,any revenue8 then on hand couldnot revertto the Grantor, her heir8 or aesignaupon gMng notioe to the StateParks Board becauas a legislative

appropriation would be woeesary to withdrawsaid revanueafrom the Stat8 Treasury.

Forthi8rea8onyouareadvi8edth8tthererenw8 should be dapoaited

& in the State Treasury, but &the %StO !ibwa8vrer tob8heldbyhim~and aaaorthe maintenance

of the VarwrzHogg StatePark as authorized by Article 4393a, V.C.S. Article4393s provides, in part, a8 follows:

be recw bv the
w on a deposit receipt iaswd by the State Comptroller

as providedin Article 4354, Beviaed Civil Statutes of Terns, 1925, a8 amended Such moneys or other eecuritiee shall be ieid'intrust by the State Treasurer in like
manner a8 the B8psrtmental Suspense

Account 18 held underArticle4388, RevieedCivil Statute8 of Terns, 1925,as smended.

. ."

giedman w v. American

S&etp 131 Tex Co.'of 175 N& 114 S York; Ii.26 137 Tex. 216 (1938);

151 149, s.n.2d 570 (1941).

The State Parks Board baa implied paver to accept gifts of personal propertyfor the purposeof maintaining a State Park. Cash dividend8

from stock given State Parks Board for sole purpose of maintaining certain granted

premises

as Varner-Hogg

State Park, title to the stock to remain in the Board for so long a time as said premises shall be used for State Park purposes and no longer,

are impressed

vith a trust and shouldbe deposited vith the State Treasurer,Mr. E. B. Camiade, paage 6 (W-122)

to k h8ld by him 88 OU8tOdian.aS a qeoial trwt fund for the oprration, ~int8MnOO and isprovement

of Varner-Hogg

tit8 Park.

POW8 vary truly,

WILL WILSON Attmwy General

ASSiStant m:gS
APPROVED:

OPINIONCOMMITTEE H. Grady Chandler,

Chairman

ElbertM. Morrow
EdwinP. Homer Biley EugeneFletcher
RF,VIEGEDFOF~TBEATTCRNEYGEN!ZBAL BY: Coo. P. Blackburn