Mr. E. B. &Made, Chief Accountant Opinion No. WV-l.22 

Tome Stat8 Park8 Board 

Austin, T8X88 R0: PmpOr depository for dividend 

Check8 fra8 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 

December 3, 1956, from I188 Hogg to the State Park8 

Board of the State of TO=8 0onv8ying 52.67 aorea 

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

n hb haY0, in Ollp pO88888iOZl, etock Certifiaaie; &dewing 330 elnrea of Kennecott Copper 

Corporation common atook and 100 share8 of Iiiggett 

and Myers Tobacco Company comnon &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 Tobacco Company payable to State Park8 Board 

of the State of Tex88 in the amount of $200.00 and 

a check from Kennecott Copper Corporation payable 

to state Parka Board of the State of Texas in the 

amount of $495.00 in pagmsnt of 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 premises ahall be used for 

State Park purposes, as herein provided’, 

m reepeotfully requeet your opinion on the following 

question: 
Mr. E. B. CaIniade, page 2 (WW-122) 

v'Where ie the Stat8 Parka Board authoriaed 

to d8pO8it the 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 latter of 

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 

other purposes save and except those uhioh are 

herein expressly described and mentioned, then 

and thereupon this conveyance and tran8fer shall 

be null and void and said pW8i808 and 8hare8 of 

stock, together with any additional OF substitute 

ehares which may be hereafter acquired by way of 

merger, consolidation, stock dividends, split-ups, 

and/Or spin-offs, by the issuing corporations or 

their successors, shall isuwdiately thereafter 

revert to Grantor herein, her heir8 or assigns, 

and it shall be 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 Granter herein, her heirs or assigns, to' 

re-enter and repossess said premises and repossess 

said shares of stock, and thereafter peacaably to 

hold and enjoy said premises and shares of stock 

as if these presents had not been made; and no 

act or omission on the part of Grantor, her heirs 

OT assigns, save the failure to 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 hereby expressly binds and obligate8 itself 

to re-transfer, re-assign, and deliver unto 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 expreso authorization 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 prop8e depository for Ca8h 

re8ultingfmma gift forth maintenance of a State park. htherefore 

de-d it naO888ary firet to determine whether the 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 board8 possess only 8uch pOuer8 a8 

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 respect to 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 OffiOer or board 

carriea with it by duplication the authority to do euch thing8 a8 are 

rea8OUably neceesary to carry into effect the power granted Or 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 

public park8 for the benefit of the people genera- for benevolent purpo8e8, 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 

accept dOnatiOn8 Of land for Stat0 parka purposes, and 8iIIC8 under the 

above cited decision it is o&god with the duty of &&&n&g a sy8tem 

of public parks, It ha8 implied authority to aocept cash donation8 or, 

as in this case, donation8 of stook given in conneotion with the grant of 

land for park purposes for the purpose of maintaining the land8 donated. 

Article 6069 contains the following provision: 

n . . . The purpose of this law is to initiate a 

movement looking to the establishment ev8ntuaT.T.y of 

a system of State parks for the benefit of the people, 

secured either by a donation or purchase, or established on any land Owned by the State available 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, vhioh win help 18ad to th8 e8tabliahment of a ayatem of 

Stat8 parka, 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. 

SeOtiOn 1 Of A&i018 607Ob read8 a8 fOllOW8: 

nThe'Texa8 State Parka Board 18 hereby authoriaed 

and empowered to acquire State park 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 State park8 of this State to auoh an extant a8 to 

eaid Board might be deemed advisable. The authority 

herein give!? t0 pUrOhs80 18 lImited t0 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 still authoriaed 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 clearly intended t&t the Parks Board 

eatabliah and nraintain a parks system and that it receive donations 

therefor. These donation8 lightan the tax burden of the people. This 

intent being evident; the 8tatutes ehould not be 80 oonatrued a8 to 

nullify the 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 accept gift8 of personal property, this additional power 

being necessary to an efficient di8ChargO of their dUtiO8,and necessarily 

implied fromthe broad powera given them. 

!& pa88 to a consideration of the proper dapoaitory for the 

dividend checks. It is ilear that the fund8 which have been and viu. be 

receimd from thi8 8tOOk WV- b8CcSne “Stat0 fIUld8" in th8 881180 that 

they could be placed in the general revenue fund and appropriated by 

the Lsgi8lature. The stock dividend8 are impre88ed with a tru8t and 

in8y be expended only for the purpose8 stated in the deed of gift. 

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

the settler that the80 funds be placed within em special fund in the 

State Treasury because the State's title to the stock and any revenue8 
Mr. E. B. Camiade, pge 5 (VW-I.221 

therefrom would terminate should the State fail to oomply with the 

condition of the gift. In auoh event, any revenue8 then on hand 

could not revert to the Grantor, her heir8 or aesigna upon gMng 

notioe to the State Parks Board becauas a legislative appropriation 

would be woeesary to withdraw said revanuea from the Stat8 

Treasury. 

Forthi8rea8onyouareadvi8edth8tthererenw8 should 

be dapoaited & in the State Treasury, but &the %StO !ibwa8vrer 

tob8heldbyhim~and aaaorthe 

maintenance of the VarwrzHogg State Park as authorized by Article 

4393a, V.C.S. Article 4393s provides, in part, a8 follows: 

be recw bv the 

w on a deposit receipt iaswd by the 

State Comptroller as provided in Article 4354, 

Beviaed Civil Statutes of Terns, 1925, a8 amended 

Such moneys or other eecuritiee shall be 

ieid'in trust by the State Treasurer in like 

manner a8 the B8psrtmental Suspense Account 18 

held under Article 4388, Revieed Civil Statute8 

of Terns, 1925, as smended. . ." 

giedman w v. American S&etp 131 Tex Co.'of 175 N& 114 York; S Ii.26 137 Tex. 216 (1938); 149, 151 

s.n.2d 570 (1941). 

The State Parks Board baa implied paver to 

accept gifts of personal property for the 

purpose of 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 

should be 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: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

Elbert M. Morrow 

EdwinP. Homer 

Biley Eugene Fletcher 

RF,VIEGEDFOF~TBEATTCRNEYGEN!ZBAL 

BY: 

Coo. P. Blackburn