,
THE ATTORNEY GENERAL
OF-XAS
June 22, 1972
Hon. A. M. Aiken, Jr., Chairman Opin ion No. M- 1164
Senate Finance Committee
and Re: Authority of the Legis-
Hon. Bill Finck, Chairman lature to appropriate funds
House Appropriations Committee from the Texas Parks Fund
Capitol Station No. 31 for the purpose of
Austin, Texas 78711 planning for statewide
development of all park
Gentlemen: lands within the State.
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 Depart-
ment for the acquisition, planning, and development
of state parks and historic sates. . . ." (Emphasis
add ed .)
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 co-
operate 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 au-
thorized 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 au-
thorized 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 con-
formity 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 sub-
divisions 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, op-
eration, 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 nec-
essarily 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 develop-
ment of all Parke lands is within the purpose authorized by Article
7.06(3)(a) of Title 122A, Taxation-General and Article 6081r, Ver-
non'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, Jr. and Hon. Bill Finck, page 4 (M-1164)
APPROVED:
OPINION COMMITTEE
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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