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The Attorney General of Texas
July 22, 1983
JIM MATTOX
Attorney General
Supreme Court Building
Honorable Mike Driscoll Opinion No. JM-44
P. 0. BOX 12546 Harris County Attorney
Austin. TX. 76711. 2546 1001 Preston, Suite 634 Re: Authority of Harris County
5121475-2501 Houston, Texas 77002 to charge admission to swimming
Telex 9101674-1367
pool in county park and related
Telecopier 51214750266
questions
1607 Main St., Suite 1400 Dear Mr. Driscoll:
Dallas,
TX.75201.4709
214/742-6944
You have requested our opinion regarding the authority of Harris
County to charge admission to a swimming pool located in a county
4624 Alberta Ave.. Suite 160 park, and related questions. You state that a rotary club has offered
El Paso, TX. 79905-2793 to donate a swimming pool to Harris County to be built in an existing
915/533-3464 county park. You first ask whether Harris County may accept such a
donation.
7
!20 Dallas Ave., Suite 202
rlouston, TX. 77002.6966 In 1964, the commissioners court of Harris County adopted the
7131650-0666 nrovisions of section 2 of article 6079e. V.T.C.S.. which nermit a
commissioners court to exercise the powers of a park board. Section
11 of that statute provides:
606 Broadway. Suite 312
Lubbock. TX. 79401.3479
6061747-5236 sec. 11. (a) The Board shall have the power
and authority, subject to the approval of the
Commissioners Court, to adopt and promulgate all
4309 N. Tenth. Suite B
reasonable regulations and rules concerning the
McAllen, TX. 76501-1665
5121662-4547
use of any park or parks administered by said
Board.
200 Main Plaza, Suite 400 (b) The Board is hereby authorized to accept
San Antonio. TX. 76205.2797
grants and gratuities (for the benefit of any park
5121225-4191
or parks administered by the Board or for the use
of the Board in carrying out its powers and duties
An Equal Opportunity/ with respect to any such park or parks) in any
Affirmative Action Employer form and from any source approved by the Board and
the Commissioners Court, including the United
States Government or any part thereof, the State
of Texas or any agency thereof, any private or
public corporation, or any other person or
persons.
(c) Such Board shall have the right to sue and
be sued in its own name.
p. 193
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Honorable Mike Driscoll - Page 2 (JM-44)
In our opinion, section 11(b) clearly authorizes the park board to
accept the donation of a swimming pool.
You next ask whether Harris County may charge admission to the
swimming pool. It is well established that commissioners courts may
exercise "only such powers as the Constitution itself or the statutes
have 'specifically conferred upon them'." Canales v. Laughlin, 214
S.W.2d 451, 453 (Tex. 1948). Nevertheless, the Supreme Court has
stated that commissioners courts have "broad discretion in exercising
powers expressly conferred on them." Id. We believe that section
11(a) of article 6079e furnishes the requisite statutory authority for
the park board to charge admission to a swimming pool located in a
county park. In our view, the authority "to adopt and promulgate all
reasonable regulations and rules concerning the use of any park"
includes the authority to charge admission to a facility which the
board is empowered to operate. V.T.C.S. art. 6079e. §ll(a).
Furthermore, the board is specifically empowered by section 10 of
article 6079e to contract for the operation of park facilities.
Article 6079e has been construed together with article 6081e,
V.T.C.S., to mean that a county may:
enter into any contract, lease or other agreement
with any person, real or artificial, to acquire,
construct or operate, etc., any park facilities
and to sell or lease park concessions for the
operation of all concerns as are consistent with
the operation of a public park.
Lovett V. Harris County, 462 S.W.2d 405, 409-410 (Tex. Civ. App. -
Houston [lst Dist.] 1970, writ ref'd n.r.e.). Article 6079, V.T.C.S.,
impliedly authorizes such a concessionaire to charge fees for
operating facilities with a county park.
In Attorney General Opinion H-1123 (1978), this office held that
the Dallas County commissioners court was authorized, with the
cooperation of the sheriff or criminal district attorney, to provide
funds for a contract with a rape crisis center for the performance of
services which the county itself might have performed. This
conclusion was based on the broad authority of counties in the
administration of justice. The opinion stated: "Since the county may
perform the services itself, it may contract to have them done."
In our opinion, it would be anomalous to conclude that a county
m=y contract with a concessionaire for the operation of park
facilities, including a swimming pool, and that the concessionaire may
charge admission fees, but that the county itself may not charge such
fees. We believe that the converse of the principle announced in
Attorney General Opinion H-1123 is equally true: if a county may
contract to have services performed, it may perform such services
p. 194
Honorable Mike Driscoll - Page 3 (JM-44)
directly. Thus, the park board is empowered to charge admission fees
to the swimming pool.
You also ask whether funds derived from admission to the pool may
be used to maintain and operate the pool, and to defray the costs
incurred in regulating its use. In our opinion, section 11(a) of
article 6079e furnishes sufficient authority for the park board to
apply any funds derived from admission charges to the maintenance and
operation of the pool.
Your final question is whether Harris County may charge camping
fees in connection with the operation of a county park. We believe
that the principles discussed above are also applicable here. If the
park board may contract with the concessionaire to operate camping
facilities within a county park, it may itself impose camping fees.
SUMMARY
Harris County is authorized by section 11(a) of
article 6079e, V.T.C.S.. to charge fees for
admission to a swimming pool located in a county
park.
Jxy#/&
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
David Brooks
Susan Garrison
Jim Moellinger
p. 195
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