R-157 

TTORNEY GENERAL 

TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

Au~-~N~~,-~'ExAs 

April 8, 1947 

Honorable E. D. Camiade 

Executive Secretary 

Opinion No. V-133 

Texas State Parks Board 

Austin, Texas 

0 

Bear Mr. Camiade: 

Re: Whether the undivided 

one-half interest of 

Bexar County in and to 

the Mission San Jose 

may be transferred, 

and the authority of 

the Texas State Parks 

Board to acaept such 

interest as a park 

site. 

Your request for an opinion of this Department is substantially as follows: 

1. *Is the County of Bexar, Texas, 

autherizd to transfer all of' its right, 

title and inte~rest to the 'Plaza of Missien Sin Jose', and 60 feet along the 

nerti~ slae of said yiaaion Plaza (Pyron 

Rod), ta(;ether with the walls adjoining 

the Plaza?" 

2. *Is the Texas State Parks Board 

authorized to acoept such transfer of lntere8t?" 

Pursuant to an agreed judgplent entered in 

tke 48th JmU.cial Distr&ct Court of~Bexal County, Texas, 

on the 8th day of November; 1937, in Cause I?o. B-85355, 

'stylM A, .J:Drossoerts vsa San Antonfo Conservation Society, et al, an unai.vfaea one-half interest in and to 

the *Plaza of Mission San Jose" vested in A. J.Drosaaertd, 

Roman Catholic Archbiship of San Antonio, and the County 

of Bexar, Texas, subject, however, to certain designated. 

“covenants running with the land”. Pyron Road was de&icated to road and highway purposes and title vested in 

Bexar County, Texas. 

Subsequently,,in oontortity with an agreement 

between the County of Bexar,and the Texas State Papks 
-. . 

Hon. E. D. Camiade - Page 2 (V-133) 

Board, the Texas State Parks Board) Alvin J a Wirtz, Acting Seoretary of the Interior, and the Archbishop OS 

San Antonio, on the 8th day of May, 1941, exeoutea an 

agreement designating the Mission San Jose as a national historic site. The Archbishop agreed to hold andpreserve in perpetuity the historic Mission San Jose ohurch 

building and appurtenanoess and the Texas State Parks 

Board agreed to hold and preserve in perpetuity all historic buildings, struotures ana appurtenancea* 

Article 6068 of Vernon’s Civil Statutes provides as follows: 

“The said Board shall solicit donations to the State of tracts of lad, 

large or small, to be used by the State 

for the purpose of public parks and/er 

recreational areaa, and said Board is 

hereby authorized to accept in behalf er 

the State the title to any such traot or 

tracts of land D or, where the site proposed is not deemed suitable for a State 

Park by the State Parks Boaras to reject 

or refuse title so that it ahall not vest 

in the State, or .if title to a site has 

beoome vested in the State for ?ark purposes and the site is deemed unsuitable 

for a State Park by the State Parks Board, 

whether the United States of America has 

undertaken the &evelopment 6P any site in 

which title to 8-e is now veete& in the 

State for park purposes8 the Board is hereby authorized and empowered to transfer 

title to another State Department or institution wishing the land, or where the land 

has been denate& by a city or ceunty or 

other donor* to traaef’er title to auoh 

city or oounty er other donor where they 

wish the site returned to them, or where 

the United Utatrrr of America ha8 untiertaken the derelepmeat of any site in which 

title to snme is new vested in the State 

ror park purpoaen to transfer title to 

the Unite& States of America, or where 

the deed to the atate Parks Board contains 

a reverslo& clause providing that title 

shall revert to the donor when not used 

for park purpoae8, to declare that the perk 

is unsuitable for State Park purposes ana 
Hon. E, D, Camfade - Page 3 (v-133) 

that title has reverted to the grantors; provided that in all instances 

where the Board acts under the authority of this statute, it must do so 

by a two-thirds (2/3) vote of the 

members of the Board, and. providing 

that the Chairman of the Board shall 

sign all instruments authorized under this Act." 

Inasmuch as the Mission San Jose has beans 

designated as a national historic site, it is believed 

that the County of Bexar would be authorized to transfer its undivided one-half interest in and to said aission to the Texas State Parks Board to be~maintaimed as 

a site pursuant to the agreement, subject, however, to 

the liaitations and covenants imposed. 

In accordance with the usual 

rules of contract law, it is well 

settled that joint tenants and tenants in common can deal with strangers just as freely as owners of property held individually, The several 

co-owners aoting together can bind 

themselves and the common property 

by their contracts, and each of them 

oan bind himself and his individual 

W&est therein. (14 Am, Jur., po 

One tenant in common cannot dedicate any 

part of the land without the assent of its ao-tenant: 

(Cheaowth Bras, vs* Magnolia Petroleum Company, et al, 

129 S. W. (26) 4461. The agreement reveals an expression 011 the part of all parties that the Mission be 

designated as aa historical site, 

Therefore, in answer to your first question, 

it is the opinion of this Department that Bexar County 

may transier its undivided one-half interest in and to 

the Plaza of Mis8lon Sah Jose, together with the wlls 

adjoining the Plaza, to the Texas State Parks Boar&, to 

be maintained as an historical site; inasmuch as title 

vested in such county by an agreed judgment, followed 

by an agreement OS dedication. 

Since Pyron Road has been dedicated for road' 

and highway purposes, title vested in the State OS Texas. 
Hon. E. D. Camiade - Page 4 (V-133) 

Counties being legal 

- 

subdivisions of the State, county 

roads are State property, and the title is held for 

the benefit of the State. (21 Tex. Jur, 625) Therefore, it is the opinion of this Department that, so 

long as Pyron Road is used for the purposes for which 

dedicated, the title will remain in the State, 

Your second quo&ion requires a construction 

of the above quoted statute. An examination of the original Act of the Legislature (Acts 1939, 49th Leg., R,S., 

S. B., 298) reveals that the caption of such Act relates 

to “land titles and interests”. The word Winterestsn in 

such caption would seem to negative the fact that a fee 

simple title was intended to be conveyed in all cases. 

It would appear from the reading of the original Act that 

the Legislature intended that the Parks Board may receive 

whatenr interest a aonor of’ land had at the time of such 

tranrier tc’the Boara. If such be true, the Parks Board 

would be authorized to do those things nsdrrrrry to accomplish the purpoms intended by the Le 

statute I8 eusceptible of construetim, sf 

islature. If a 

t di0ula be so 

construed a8 to a*oamplish itrs purposes, 

et al, vs. watts, et al, 137 3. w. 26 2) 

(Lowenetein, 

The State Parks Board is not an independent 

oorperation or Institution operated fcr financial gain, 

but an agency of the State charged with the responsibility of acquiring and maintaining a system of publicparks 

far the bansiit of the people generally, for the benevolent purpose of promoting health, happiness and general 

welfare of citizene. (3tata ve Brannmn, et ux. 111 S.W. 

(2d1.347,) A8 suoh agency, it Is bsl,ieVed that Article 

4068, sups, rhould be liberally oonstrued to accomplierh 

the purpase intended by the Legislature, Moreover, the 

upress authority given to the Board to accept or refuse 

title indicates an intention of the Legielature to comJt to the Board the discretion of accepting or rejecting 

any traat of land or title whatsoever offered,~ If, after 

aebeptamaes such tract of land Is not auitable,~the Board 

is l uthcrlzo& to reconvey the dame to the donor, 

Therefore, in answer to your second question, 

it is the epinion of this Department that the FwkrBoanl 

would be authorized to aocept the undivided one-hal? interest now vested in the County of Bexar, Texas, in and 

te the Plaza ef Mission San Jose, 
Hon. E. Il. Camiade - Page 5 ('iT-133) 

SUMMARY 

subject 

by agreement, 

to the limitations imposed 

and the Texas 

Bexar County nay transfer 

State Parks Board may accept in behalf of the State, title to an 

undivided one-half interest in and to a 

tract of lana referred to as the "Plaza 

of Mission San Jose". 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

BW:djm:wb 

Burnell Weldrep 

Assistant 

APPKOPED APRIL 8, 1947 

ATTORNEY GENERAL OF i'EX&3