November 29, 1951
Hon. Gordon K. Shearer OpfnPon No. V-1358
Executive Secretary
Texas State Parks Board Re: Authorfty of the Texas
Austin, Texas State Parks Board to
transfer King's State
Park to the City of Re-
fugfo,
Dear Sir:
You have requested our opfnfon as to
whether the Board's authorfty to dispose of land
under Article 6068, V.C.S., extends to the varfous
parks which were placed under its control by Artfcle
.- 6067a, V.C.S. Speciffcally, you have asked whether
this authority extends to Kfng's State Park, a deed
to which has been requested by the Cfty of Refugfo.
Article 6067a provfdes fn part as follows:
"All State parks and all historfcal
parks now desfgnated as State parks or
hfstorlcal parks, which specfffcally Sn-
eludes D D D Kfngss State Park, D a 0 now
under the control and custody of the
State Board of Control, s 0 D shall be
and are hereby placed under the control
and custody of the State.Parks Board un-
der the authority conferred'upon such
l3;B;dby Artfcle 6067 0 * *; Artfcle
* Artfcle 6069 . a and other
Statuies ~~eclffcally setiing'&at and de-
flnPng the rfghts, powers and duties of
the State Parks Board."
Article 6068 authorfzes the Board to so-
l'lcltdonatfons of park sites and accept tftle there-
to, and to dispose of title when deemed unsuftable
for a State park and "where the land has been donated
by a city, Q n 0 to transfer title to such cfty 0 D Q
where they wish the site returned to them." ThPS
Hon. Gordon K. Shearer - Page 2 - v-1358
article deals primarily:with the procedure under
which the Board may dispose of park sites no longer
deemed suitable for State park purposes.
In OUP opinion, the reference in Article
6067a to Article 6068 could only have been for the
purpose of relating the Board's power of disposal
under Article 6068 to the parks covered by Article
606i’a. *
It is clear from Acts 47th Leg., R.S.
1941, ch. 428, p0 687, the Act accepting title to
King's State Park, that this park was donated to
the State by the City of Refugio, although, as
shown by the emergency clause, the deed by the City
to the State has been lost. The park site being a
donation by the City to the State, the Parks Board
has authority, under Article 6068, to reconvey it
to the City of Refuglo.
SUMMARY
The State Parks Board has au-
thority under Article 6068, V.C.S.,
to reconvey King's State Park to the
City of Refugfo, such park having been
donated by the City to the State and
the control and custody of the park
having been transferred to the Parks
Board by Article 6067a, V.C.S.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney GeneAral
Jesse P, Luton, Jr.
Revfewing Assistant
BY
Charles D. Mathews
First Assistant Assistant
HDP:bt
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