## TB[E NEY GENERAL OF EXAS

Mr. Will E. Odom Opinion No. C-748 Chairman, Parks and Wildlife Commission Re: Whether the administration John H. Reagan Bldg. of the Lyndon B. Johnson Austin, Texas State Park Fundis an operation of the Parks andWildlife Commission Dear Mr. Odom: and related questions.

Youhave requested this office for an opinion concerning whether the administration of the Lyndon B. Johnson State Park Fundis a function and operation of the Parks andWildlife Commission, andwhether the administrators of such fund have acted properly in refusing to makepublic the namesof donors to this fund and the amounts of such donations whenthe donor has requested that this information not be madepublic.

Article 978I'-3a, Vernon’s Penal Code, consolldated the Gameand Fish Commission and the State Parks Board into one department to be knownas the Parks and Wildlife Department and the policy direction of such department wasvested In the Parks andWildlife Commission. Article 978f-3a further provided that all of the powers, duties and authority previously vested in the State Parks Board and the Gameand Fish Commission should be transferred to the Parks andWildlife Department.

Section 5 of Article 978f-3a, provides in part that: II

. . .that portion of the program administered by the Parks andWildlife Department which deals with the operation, maintenance, and improvement of State Parks shall be financed from the General Revenue Fund, the State Parks Fund, other funds as mavbe authorized by law, and such donations, grants, andgifts as maybe received by said Department.

. . .‘I (Emphasis added) Article 6068, Vernon’s Civil Statutes, which here-

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Mr. will E. Odom, Page 2 (C-748)

tofore dealt with the activities of the State Parks Board andwhich Is nowapplicable to the Parks andWildlife Commission, provides in part that:

“The said Board shall solicit donations to the State of tracts of land, large or small, to be used by the State for the purpose of Dubllc DaFks and/or recreational areas. and said Board is hereby authorized to accept in behalf of the State the title to any such tract or tracts of land.

. . .” (Emphasis added)Article 6069, Vernon’s Civil Statutes, which heretofore dealt with the activities of the State Parks Board andwhich Is nowapplicable to the Parks andWildlife Commission, provides in part that:

“Said Board shall makeinvestigations of any tract or tracts of land, of any size whatsoever, In the State with aview of determining whether the sameIs suitable for public park purposes, and, the terms onwhich it can be acquired.

. . . Thepurpose of this law is to initiate amovement looking to the establlshment eventually of a system of State Parks for the benefit of the people, secured either by donations or purchase, or established on any land owned by the State available for such purpose. . . .” (Emphasis added) Theforegoing statutes clearly reveal that one of the functions of the Parks andWildlife Commission and the Parks andWildlife Department is to encourage private interests to contribute to the development of the State Parks System by donations of land to the State of Texas to be used for parks andrecreational purposes. The foregoing statutes, while encouraging such activities on the part of the Parks andWildlife Commission and the Parks andWildlife Department, donot specify any particular manner in which these activities will be carried out.

Inyour letter requesting this opinion, you have madeavailable to us acopy of the Constitution of the Lyndon B. Johnson State Park Fund. The following are excerpts from the Constitution of the Lyndon B. Johnson State Park Fund:
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. . . .

“The Fundis created and shall be operated exclusively for charitable purposes. In furtherance of such purposes it shall be the specific object of the Fundto establish andmaintain, in cooperation with the County of Gillespie, Texas, a state park for the State of Texas to be knownas the ‘Lyndon B. Johnson State Park.’ 11

. . . .

“The administrators of this Fundshall be empowered to solicit funds, acquire property and conduct such other ancillary activities as are necessary and incidental to its purpose.

“Upon receipt of sufficient moneys to purchase land andmakethe necessary improvements, the park will be deeded to the State of Texas, and this Fundwill terminate its existence.

8,

. . . .

“Upon termination or dissolution all remaining assets of the Fundwill be distributed to the Parks and Wildlife Department of the State of Texas for exclusively public purposes.” (Emphasis added) You have also stated in your letter requesting this opinion that:

8,

. . .the Parks andWildlife Department has nothing to dowith the receiving of contributions to the fund or the administration of the fund in any manner whatsoever.

“The contributions are madeto Will E. Odom, Trustee, Lyndon B. Johnson State Park Found,and the act is one of an Individual in afiduciary capacity, receiving donations and In turn purchasing land from the funds so donated.

“The lands are then conveyed, without cost, to the State of Texas, ‘Parks andWlldlife Department in perpetuity for use as apark.

. . . **i**

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“The only connection the members of the Parks andWildlife Commission have is In setting up the trusteeship.

. . .

“Manycontributions have been madeto the fund with the understanding that the nameof the contributor and the amount of the contribution would not be divulged to the public. The reason for this, of course, is personal to the individual contributor. I have felt that the request of any donor for such anonymity was reasonable and a privilege that should be accorded. ,1

. . . .” (Emphasis added) In view of the foregoing, weare of the opinion that it is obvious that the "Lyndon B. Johnson State Park Fund" Is not an operation or activity of the Parks and Wildlife Department or the Parks and Wildlife Commission, but is merely the means being used by private interests to obtain donations of funds to purchase property which will ultimately be deeded to the State of Texas for the creation of aState park to be knownas the "Lyndon B. Johnson State Park.” Under the present arrangement, we are of the further opinion that the Parks and Wildlife Commission and the Parks andWildlife Department will have noInterest in the activities of the Lyndon B. Johnson State Park Funduntil such time as the property to be used for such parks purposes Is deeded to the State of Texas. Thefact that members of the Parks andWildlife Commission are serving as administrators of the Lyndon 8. Johnson State Park Fundis Immaterial as the Information madeavailable to us reveals that they are serving in such capacity in their individual rather than governmental capacity. As the Lyndon B. Johnson State Park FundIs anactivity of private Interests rather than of the Parks andWildlife Commission and the Parks andWildlife Department, It Is within the discretion of the administrators of such fund to determine whether the names of donors and the amounts of their contributions will be madepublic. SUMMARY ------- Theadministration of the Lyndon B. Johnson State Park Fund, under the facts disclosed, is
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not anoperation of the Parka andWlldllfe Commlssion or the Parks andWildlife Department. As the administration of the Lyndon B. Johnson State Park Fundis anoperation of private interests rather than anoperation of the Parks andWildlife Commission or the Parks andWildlife Department, the disclosure of the names of donors to such fund or the amounts of their contributions is amatter for the discretion of'the administrators of such fund. Very truly yours, WAGGONER

CARR Attorney General

PB:sck APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman John Banks J. C. Davis WadeAnderson Ralph Rash APPROVED

FORTHEATTORNEY GENERAL BY: T. B. Wrlght

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