, 

THE ATTORNEY GENERAL 

OF-XAS 

June 22, 1972 

Hon. A. M. Aiken, Jr., Chairman 

Senate Finance Committee 

and 

Hon. Bill Finck, Chairman 

House Appropriations Committee 

Capitol Station 

ion No. M- 1164 

Authority of the Legislature to appropriate funds 

from the Texas Parks Fund 

No. 31 for the purpose of 

Austin, Texas 78711 planning for statewide 

development of all park 

Gentlemen: lands within the State. 

Opin 

Re: 

You have requested our opinion concerning whether there 

is pre-existing law to support a proposed appropriation of funds 

from the Texas Parks Fund No. 31 to the Texas Parks and Wildlife 

Department for the purpose of planning for the statewide development 

of all park lands within the State. 

The particular language reads as follows: 

"PARK DEVELOPMENT: 

"State Comprehensive Outdoor Recreational 

Plan--For updating Texas' comprehensive outdoor 

recreational plan, including personnel services, 

classified personnel, travel and other expenses." 

Texas Parks Fund No. 31 is created by the provisions of 

Article 7.06(3)(a), Title 12ZA, Taxation-General, Vernon's Civil 

Statutes, which provides in part: 

"Fifty cents of the tax levied under this 

Article on each 1,000 cigarettes shall be credited 

to a new special fund known as the Texas Parks Fund 

which may be used by the Parks and Wildlife Department for the acquisition, planning, and development 

of state parks and historic sates. . . ." (Emphasis 

add e d . ) 

Article 6081r, Vernon's Civil Statutes, provides for the 

planning and development of outdoor recreational resources and 

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Hon. A. M. Aikin, Jr., and Hon. Bill Finck, page 2 (M-1164) 

specifically authorizes the Parks and Wildlife Department to cooperate with the Federal government in programs for the planning, 

acquisition, operation and development of the outdoor recreational 

resources of the State. Certain portions of Article 6081r are 

particularly relevant. Sec. 2 reads: 

"The Parks and Wildlife Department is authorized and empowered to prepare, maintain, and 

keep up-to-date a state-wide comprehensive plan 

for the development of the outdoor recreation 

resources of the State of Texas; to develop, 

operate, and maintain outdoor areas and facilities 

of the state and to acquire land, waters, and 

interests in land and waters for such areas and 

facilities." 

A portion of Sec. 3 reads: 

"The Parks and Wildlife Department is authorized to apply to any appropriate agency~ or 

officer of the United States for participation 

in or the receipt of aid from any Federal program 

as now provided by law or as may hereafter be 

provided respecting outdoor recreation. The 

Parks and Wildlife Department is authorized to 

enter into contracts and agreements with the 

United States or any appropriate agency thereof 

for the purpose of planning, for acquisition of, 

and development of outdoor recreation resources 

of the state in conformity with the provisions of 

the 'Land and Water Conservation Fund Act of 

1965' and any Amendments thereto, and in conformity with any other Federal Act the purpose 

of which is the development of outdoor recreation 

resources of the state. . . . 

"In order to obtain the benefits of any 

such programs, the Parks and Wildlife Department 

shall coordinate its activities with and represent 

the interests of all agencies and political subdivisions of the State of Texas including as a 

part of a state plan cities, counties, water 

districts, river authorities, and special districts 

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I 

Hon. A. M. Aikin, Jr., and Hon. Bill Finck, page 3 (M-1164) 

in outdoor recreation having interests in 

the planning, development, acquisition, operation, and maintenance of outdoor recreation 

resources and facilities." 

It seems obvious that in order for the State to properly 

plan for the expenditure of its own moneys in such manner as to 

best satisfy the need of the public for parks and recreational 

facilities, the State must be able to take into account in its 

planning what is available to the public from other sources. It 

also seems obvious that proper planning would encourage the State 

and local authorities to coordinate their efforts to serve the 

public. The planning of State parks and recreational areas necessarily includes consideration of parks and recreational facilities 

of cities, counties and other units of government, 

Section 44 of Article III of the Constitution of Texas 

requires an appropriation to be supported by pre-existing law. An 

appropriation for the purpose of planning for the statewide development of all Parke lands is within the purpose authorized by Article 

7.06(3)(a) of Title 122A, Taxation-General and Article 6081r, Vernon's Civil Statutes. 

Youare therefore advised that the proposed appropriation 

would be supported by pre-existing law. 

SUMMARY 

An appropriation for the purpose of planning 

for statewide development of all park lands is 

supported by pre-existing law. Art. 7.06(3)(a), 

Title 122A, Taxation-General and Art. 6081r, both 

of Vernon's Civil Statutes. 

/ 

RD C. MARTIN 

ey General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

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Hon. A. M. Aikin, 

APPROVED: 

OPINION COMMITTEE 

Jr. and Hon. Bill Finck, page 4 (M-1164) 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Pat Bailey 

Harriet Burke 

James Quick 

John Banks 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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