# The Attorney General of Texas
December 21, 1978 JOHN L. HILL AttorneyGeneral
Honorable RonBird House ofRepresentatives Committee onRegions, Compacts and Districts P. 0. Box2910 Austin, Texas 78769 Dear Representative Bird: OpinionNo.Ii- 1382 Re: Authority of Board of Park Commissioners and Commissioners Court to regulate roads and rivers inandbordering parks.

You have requested an opinion regarding the authority of a Board of Park Commissioners which operates a county park pursuant to article 6079e, V.T.C.S. You wish to know the board’s authority with respect to vehicular speed limits, pedestrian traffic, parking, aquatic activities, park fees, and the establishment of park boundaries. In counties of 70,000 or more the commissioners court may adopt the provisions of article 6079e for the purpose of “acquiring, improving, equiping, maintaining, financing, and operating” county parks. Art. 6079e, S2,V.T.C.S. A Board of Park Commissioners, subject to the supervision of the county commissioners, may be established at the option of the commissioners court. Art. 6079e, SS2,4,9. Section R(a)provides that [tlhe Board shall have the power and authority,

. . . to adopt and promulgate all reasonable regulations and rules concerning the use of any park or parks administered bysaid Board. Webelieve that section 11 givesbroad authority to the board to establish rules and regulations concerning parking, pedestrian traffic, recreational water activities, and speed limits. See also art. 67Old,S 27(a)(5); but see Penal Code S 1.08; Attorney General Opinion V-429 (1947) (county possesses no general police power to regulate traffic). Article 6079e authorizes the county to issue park bonds(as does article 608lf) and solongas there isoutstanding bondindebtedness the Board of Park Commissioners “shall charge and require the payment of fees, charges, and

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tolls for the use of such properties and facilities” whichare sufficient to retire the bonds. V.T.C.S.art. 6079e, SS12,14,15. Inthe absence of bondindebtedness wedo not believe that the county has authority to collect any fees for park use. See Attorney General Opinions H-1052(1977)(assessment of road tax not dependent= outstanding bond indebtedness); H-990 (1977) (county may not charge tolls for ferry); WW-1482(1962)(county may not assess fees on motorboats using county park); V-744 (1948). Youalso ask about the incorporation into the park ofprivate lands surrounded by park property. The decision to purchase or condemn private property for park purposes lies within the discretion of the commissioners court. V.T.C.S. arts. 3264a; 6079e, S4; 6061e;S1;6061f. Youfinally ask whether a county with a population of less than 70,000 may establish a Board of Park Commissioners with powers similar to those described in article 6079e. ARcounties inTexas have the authority to acquire park land. Art. 6081f,V.T.C.S. ln exercising this power, we believe the commissioners court may hire or appoint necessary personnel to administer the parks so long as such employees are subject to the supervision of the commissioners to the extent that the commissioners court’s authority is not delegated. Upon approval and ratification by the commissioners court, we believe a park commissioners board may adopt rules and regulations similar to those allowed pursuant to article 6079e. Attorney General Opinions M-880 (1970)(commissioners court has implied power to appoint a count museumboard to administer and set policy for county museums); WW-681 (1960)&ounty may not delegate control of county park to the city). see generally H-977 (1977)(county commissioners court cannot &legate its authori;y% approve claims against the county). SUMMARY A county commissioners court may adopt, through an administrative board, reasonable rules and regulations regarding the use of county parks. In the absence of bond indebtedness, no fees may be charged for the use of county parks. A Very truly yours,

Attorney General of Texas

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APPROVED: 

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