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### THE ATTORNEY GENERAL OF-XAS

June22,1972

Hon. A. M.Aiken, Jr., Chairman Senate Finance Committee and Hon. Bill Finck, Chairman House Appropriations Committee Capitol Station ionNo. M-1164 Authority of the Legislature to appropriate funds from the Texas Parks Fund No. 31 for thepurpose of Austin, Texas 78711 planning for statewide development of all park Gentlemen: landswithin the State. Opin
Re:

You have requested our opinion concerning whether there ispre-existing law to support aproposed appropriation of funds from the Texas Parks Fund No. 31 to the Texas Parks andWildlife Department for thepurpose ofplanning for the statewide development of allpark 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 FundNo. 31 is created by the provisions of Article 7.06(3)(a), Title 12ZA, Taxation-General, Vernon's Civil Statutes, which provides inpart:

"Fifty cents of the tax levied under this Article on each 1,000 cigarettes shall be credited to anew special fund known as the Texas Parks Fund which may be used by the Parks andWildlife Department for the acquisition, planning, and development of state parks and historic sates. . . ." (Emphasis add d ) e . Article 6081r, Vernon's Civil Statutes, provides for the planning and development of outdoor recreational resources and

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specifically authorizes the Parks andWildlife Department to cooperate with the Federal government inprograms for theplanning, acquisition, operation and development of the outdoor recreational resources of the State. Certain portions ofArticle 6081r are particularly relevant. Sec. 2reads:

"The Parks andWildlife Department is authorized and empowered toprepare, 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 andwaters for such areas and facilities."
A portion of Sec. 3reads: "The Parks andWildlife Department is authorized to apply to any appropriate agency~or officer of theUnited States forparticipation inor the receipt of aid from any Federal program asnow provided by law or asmay hereafter be provided respecting outdoor recreation. The Parks andWildlife Department is authorized to enter into contracts and agreements with the United States or any appropriate agency thereof for thepurpose ofplanning, for acquisition of, and development of outdoor recreation resources of the state in conformity with the provisions of the 'Land andWater Conservation FundAct of 1965' and anyAmendments thereto, and in conformity with any other Federal Act the purpose ofwhich is the development of outdoor recreation resources of the state. . . . "In order to obtain thebenefits of any such programs, the Parks andWildlife Department shall coordinate its activities with and represent the interests of all agencies andpolitical 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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Hon. A. M.Aikin, Jr., andHon. Bill Finck, page 3 (M-1164)

in outdoor recreation having interests in theplanning, development, acquisition, operation, andmaintenance of outdoor recreation resources and facilities."
It seems obvious that inorder for the State toproperly plan for the expenditure of its ownmoneys in suchmanner as to best satisfy theneed of thepublic forparks and recreational facilities, the Statemust be able to take into account in its planning what is available to thepublic from other sources. It also seems obvious thatproper 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 ofArticle III of the Constitution of Texas requires an appropriation tobe supported by pre-existing law. An appropriation for thepurpose ofplanning for the statewide development of all Parkelands iswithin thepurpose authorized by Article 7.06(3)(a) of Title 122A, Taxation-General andArticle 6081r, Vernon's Civil Statutes.

Youare therefore advised that theproposed appropriation would be supported by pre-existing law. SUMMARY
An appropriation for thepurpose of planning for statewide development of allpark lands is supported by pre-existing law. Art. 7.06(3)(a), Title 122A, Taxation-General andArt. 6081r, both ofVernon's Civil Statutes.

/ RD C. MARTIN

ey General of Texas Prepared by John Reeves Assistant Attorney General

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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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