The Attorney General of Texas 

December 21, 1978 

JOHN L. HILL 

Attorney General 

Honorable Ron Bird 

House of Representatives 

Committee on Regions, Compacts 

and Districts 

P. 0. Box 2910 

Austin, Texas 78769 

Dear Representative Bird: 

Opinion No. Ii- 1382 

Re: Authority of Board of Park 

Commissioners and Commissioners Court to regulate roads 

and rivers in and bordering 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, S 2, 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, SS 2, 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 by said Board. 

We believe that section 11 gives broad 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 so long as there is outstanding bond indebtedness the Board of Park 

Commissioners “shall charge and require the payment of fees, charges, and 

P. 5126 
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Honorable Ron Bird - Page 2 (H-1302) 

tolls for the use of such properties and facilities” which are sufficient to retire the 

bonds. V.T.C.S. art. 6079e, SS 12,14,15. In the absence of bond indebtedness we do 

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). 

You also ask about the incorporation into the park of private 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, S 4; 6061e; S 1; 6061f. 

You finally 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. AR counties in Texas 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 museum board 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 

p. 5127 
Honorable Ron Bird - &age3 (H-1302) 

APPROVED: 

w 

Opinion Committee 

p. 5128