NATURAL RESOURCES CODE
CHAPTER 62. BEACH PARK BOARD OF TRUSTEES
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.001. APPLICABILITY. (a) The provisions of this
chapter apply to counties that are located or border on the Gulf of
Mexico and have within their boundaries beaches that are suitable
for park purposes. The suitability of a beach for park purposes is
established conclusively when the commissioners court of the county
makes a finding that the beach located within its boundaries, but
not located within the boundaries of an incorporated city, is
suitable for park purposes.
(b) As long as an island or peninsula is not accessible by a
public road or common carrier ferry facility, the provisions of
this chapter do not apply to that island or peninsula.
(c) The provisions of this chapter do not interfere with,
preempt, or in any manner restrict or usurp the authority of the
land office over state-owned beaches.
(d) The provisions of this chapter do not prohibit the
creation of, or limit the lawful actions of, a beach park board of
trustees of a home-rule city as provided in Chapter 306, Local
Government Code.
(e) The provisions of this chapter do not permit any
interference with the right the public has under the provisions of
Subchapter B of Chapter 61 of this code to the free and unrestricted
use of, and to ingress and egress to, the area bordering on the Gulf
of Mexico from mean low tide to the line of vegetation, as that term
is defined in Subsection (2), Section 61.001 of this code. A
county, county official, or anyone acting under the authority of
this chapter may not exercise any authority, contract out a right to
exercise authority, or otherwise delegate authority beyond that
specifically granted to it in Sections 61.122 through 61.128 of
this code over that area notwithstanding any of the specific
provisions of this chapter. The rights established in Subchapters
B and D of Chapter 61 of this code are paramount over the rights or
interests that might otherwise be created by the provisions of this
chapter, and nothing in this chapter encroaches on those rights or
upon land, or interests in land, that may ultimately be held subject
to those rights.
Acts 1977, 65th Leg., p. 2492, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 149, § 39, eff. Sept.
1, 1987.
§ 62.002. DEFINITION. In this chapter, "board" means
the Beach Park Board of Trustees.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER B. CREATION OF BOARD
§ 62.011. PURPOSE AND AUTHORITY. A county located or
bordering on the Gulf of Mexico with a beach suitable for park
purposes may create a board in the manner provided in this
subchapter for the purpose of improving, equipping, maintaining,
financing, and operating a public park or parks, or any facilities
owned by the county, or to be acquired by the county, or to be
managed by the county under the terms of a written contract. The
board, to be designated Beach Park Board of Trustees, has the powers
and duties specified in this chapter.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.012. METHOD OF CREATING BOARD. A board may be
created after a favorable majority vote of the qualified voters of
the county voting at an election held on the proposition.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.013. ELECTION. (a) The election shall be called
by the commissioners court.
(b) Notice of the election shall be given in the manner
provided by Chapter 1251, Government Code.
(c) The ballots shall be printed to provide for voting for
or against the proposition: "Establishing a beach park board of
trustees."
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2001, 77th Leg., ch. 1420, § 8.353, eff.
Sept. 1, 2001.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 62.041. MEMBERS OF BOARD. (a) The board is composed
of seven members appointed by the commissioners court.
(b) One board member shall be a member of the commissioners
court.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.042. TERM OF OFFICE. (a) With the exception of
the trustees first appointed, a trustee serves for a term of two
years from the date of appointment.
(b) At the time of the appointment of the first trustees,
the commissioners court shall designate three trustees to serve for
one year and four trustees to serve for two years.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.043. OATH AND BOND. (a) A trustee shall qualify
within 15 days after his appointment by taking the official oath and
filing a good and sufficient bond with the county clerk.
(b) The bond shall be approved by the commissioners court,
payable to the county, in a sum not to exceed $5,000 as approved by
the commissioners court of the county, and conditioned on the
faithful performance of the duties of the trustee, including his
proper handling of all money which may come into his hands in his
capacity as a member of the board.
(c) The cost of the bond shall be paid by the board.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.044. COMPENSATION; EXPENSES. A trustee serves
without compensation but shall be reimbursed for travel and other
necessary expenses incurred in the performance of his official
duties.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.045. VACANCY. A vacancy on the board shall be
filled by appointment of the commissioners court.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.046. OFFICERS OF BOARD. (a) On the appointment of
the first trustees, the commissioners court shall designate one of
the trustees to serve as chairman of the board for a period of one
year.
(b) After the first year the board annually shall elect a
chairman, a vice-chairman, a secretary, and a treasurer from among
its members. The office of secretary and treasurer may be held by
the same person.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.047. PARK MANAGER. The board may employ and
compensate a manager for any parks or facilities and may give him
full authority in the management and operation of the park or parks
or facilities subject only to the direction and orders of the board.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.048. LEGAL SERVICES. (a) The board may call on
the county attorney of the county for the legal services it
requires.
(b) In lieu of or in addition to the county attorney, the
board may employ and compensate its own counsel and legal staff.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.049. EMPLOYEES OF BOARD. (a) The board may employ
temporary or permanent secretaries, stenographers, bookkeepers,
accountants, technical experts, and other agents and employees it
requires.
(b) The board shall determine the qualifications, duties,
and compensation of its employees.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.050. MEETINGS. (a) The board shall hold regular
meetings at times set by the board.
(b) The board may hold special meetings at the times
business or necessity requires. Special meetings may be called by
the chairman or any three members of the board.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.051. BOARD RECORDS. (a) The board shall keep a
true and full record of all its meetings and proceedings and
maintain the records of the board in a secure manner.
(b) The board may contract with the commissioners court of
the county to have the county keep and maintain its records.
(c) All the records are the property of the board and are
subject to inspection by the commissioners court at all reasonable
times.
(d) The preservation, microfilming, destruction, or other
disposition of the records of the board is subject to the
requirements of Subtitle C, Title 6, Local Government Code, and
rules adopted under that subtitle.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st Leg., ch. 1248, § 65, eff.
Sept. 1, 1989.
§ 62.052. MANAGEMENT OF FUNDS. The money belonging to
or under control of the board shall be deposited and secured in the
same manner prescribed by law for county funds.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.053. AUDIT. Independent auditors selected by the
board shall make an annual audit of all financial transactions and
records of the board.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.054. COURT ACTIONS. The board may sue and be sued
in its own name.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.055. SEAL. The board shall adopt a seal which
shall be placed on all leases, deeds, and other instruments usually
executed under seal and on other instruments required by the board.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER D. POWERS AND DUTIES
§ 62.091. LAND UNDER JURISDICTION, MANAGEMENT, AND
CONTROL. (a) The following land is under the jurisdiction of the
board:
(1) public beaches owned in fee by the county; and
(2) land used as parks in connection with public
beaches not located inside the boundaries of an incorporated city
and not inside the area bordering on the Gulf of Mexico from the
line of mean low tide to the line of vegetation as that term is
defined in Section 61.001(2) of this code.
(b) The Commissioners Court may designate the following
land to be under the management and control of the board:
(1) additional parks and facilities owned by the
county; or
(2) additional parks and facilities to be managed by
the county under the terms of a written contract.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.092. PRIORITY OF JURISDICTION. (a) The board has
no jurisdiction over a public beach located inside the boundaries
of the county that has been designated a national park, national
seashore, or state park.
(b) The authority of the board preempts the right of the
county board of park commissioners to act with regard to a beach,
park, or facility within the jurisdiction of the board.
(c) The provisions of this chapter are cumulative of other
laws relating to county parks but take precedence in the event of
conflict.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.093. PARK AUTHORITY. The board may manage,
operate, maintain, equip, improve, and finance:
(1) an existing public park placed under its
jurisdiction by the commissioners court; or
(2) additional parks acquired by gift or otherwise but
not acquired by the exercise of the power of eminent domain.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1276, § 13.003(a),
eff. Sept. 1, 2003.
§ 62.094. FEE CHARGED. The board may charge and collect
a reasonable fee for access or entrance to or parking on the land
under its jurisdiction, other than public beaches owned by the
county, or use of a facility located on land under its jurisdiction.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.095. USE OF FUNDS. (a) The board may accept,
receive, and spend gifts of money or other things of value from any
person for the purpose of performing any function, power, or
authority vested in the board and funds from the county that are
appropriated by the county from time to time for the purpose of
improving, equipping, maintaining, operating, and promoting
recreational facilities under the board's supervision and control.
(b) The board may spend money appropriated by the
commissioners court for the purpose of cleaning and maintaining
public beaches and land within its jurisdiction, including money
appropriated to the commissioners court by the state for that
purpose.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.096. CONTRACTS, LEASES, AND OTHER AGREEMENTS
RELATING TO LAND AND FACILITIES. The board may enter into a
contract, lease, or other agreement connected with, incident to, or
affecting the financing, construction, equipping, maintenance, or
operation of facilities located or to be located on or pertaining to
land under its jurisdiction or facilities under its control and may
execute and perform its lawful powers and functions on land leased
from others.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.097. CONTRACTS, LEASES, AND OTHER AGREEMENTS
RELATING TO MANAGEMENT, OPERATION, AND MAINTENANCE OF LAND AND
FACILITIES. The board may enter into any contract, lease, or
agreement with any person for a period of not more than 40 years
relating to the management, operation, and maintenance of a
concession, facility, improvement, leasehold, land, or other
property over which the board has jurisdiction and control.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.098. CONTRACTS WITH OTHER GOVERNMENTAL
AGENCIES. To accomplish any purpose authorized in this chapter,
the board may enter into contracts with:
(1) adjacent counties;
(2) boards in adjacent counties; and
(3) boards in cities of the same county in which the
board has jurisdiction.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.099. ADVERTISING. The board may publish brochures
and otherwise advertise the county's recreational advantages for
the purpose of attracting tourists, residents, and other users of
the public facilities operated by the board.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1276, § 13.003(a),
eff. Sept. 1, 2003.
§ 62.100. RULES. The board may adopt and enforce
reasonable rules for the use of parks and facilities under the
jurisdiction and control of the board by the public or by lessees,
concessionaires, and other persons carrying on a business activity
inside the area of the public parks and facilities.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.101. LEGISLATIVE INTENT. It is the intent of the
legislature in enacting the provisions of this chapter that the
rights established or recognized in Subchapters B and D of Chapter
61 of this code are paramount over any rights or interests that
might otherwise be considered created by this chapter, and none of
the provisions of this chapter may trench on those rights or
encroach on land or interests in land that may ultimately be held
subject to those rights.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER E. ISSUANCE OF BONDS
§ 62.131. AUTHORITY TO ISSUE REVENUE BONDS. For the
purpose of acquiring, developing, improving, and enlarging public
recreational areas and facilities, the board may issue revenue
bonds payable solely from:
(1) the revenue of all or any designated part of the
properties or facilities under the jurisdiction and control of the
board; or
(2) any other source of funds the board may wish to
dedicate for that purpose.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1276, § 13.003(a),
eff. Sept. 1, 2003.
§ 62.132. FORMAL REQUIREMENTS OF BONDS. (a) The bonds
may be issued by resolution adopted by the board without the
necessity of an election.
(b) The bonds may be issued in the name of the board in one
or more installments or series and shall mature serially or
otherwise within 40 years from their date or dates.
(c) The bonds shall be issued on the terms and conditions,
with regard to the security, manner, place, and time of payment,
pledge of designated revenue, redemption before maturity, and the
issuance of additional parity or junior lien bonds, that the board
specifies in the resolution or resolutions authorizing the bonds.
(d) The bonds shall be executed by the chairman and
secretary of the board and shall be signed by the chairman and
secretary or shall bear the facsimile signature of either or both.
(e) The bonds shall display the seal of the board, which may
be impressed, printed, or lithographed on the bonds.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.133. SALE OF BONDS. The board shall sell the bonds
on the best terms obtainable.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1276, § 13.003(a),
eff. Sept. 1, 2003.
§ 62.134. APPROVAL AND REGISTRATION. The bonds shall
not be delivered until a transcript of the proceedings authorizing
their issuance has been submitted to the attorney general and
approved as to legality by the attorney general and the bonds are
registered by the comptroller of public accounts.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.135. AUTHORIZED INVESTMENTS. The bonds issued
under the provisions of this subchapter are legal and authorized
investments for banks, saving banks, trust companies, building and
loan associations, insurance companies, fiduciaries, trustees,
guardians, and for the sinking funds of cities, towns, villages,
counties, school districts, or other political corporations or
subdivisions of the state.
Acts 1977, 65th Leg., p. 2498, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.136. SECURITY FOR DEPOSITS. The bonds are eligible
to secure the deposit of public funds of the state and public funds
of cities, towns, villages, or other political corporations or
subdivisions of the state and are lawful and sufficient security
for deposits to the extent of their face value when accompanied by
all unmatured interest coupons appurtenant to them.
Acts 1977, 65th Leg., p. 2498, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.137. TAX BONDS. (a) The board shall not issue
bonds payable in whole or in part from ad valorem taxes.
(b) The board may receive and spend the proceeds of bonds
payable from taxes which are issued by the governing body of the
county for park purposes after the bonds are authorized at an
election held in the manner required by law.
Acts 1977, 65th Leg., p. 2498, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 62.138. REFUNDING BONDS. (a) The board may issue
refunding bonds for the purpose of refunding one or more series or
installments of outstanding original or refunding bonds of the
board.
(b) The refunding bonds shall be issued, approved as to
legality by the attorney general, and registered by the comptroller
of public accounts in the manner and on the terms and conditions
provided in this subchapter for the issuance of original revenue
bonds.
Acts 1977, 65th Leg., p. 2498, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER F. DISSOLUTION OF BOARD
§ 62.161. ORDER CALLING ELECTION TO DISSOLVE; NOTICE OF
ELECTION. (a) The commissioners court may order an election to
dissolve a board.
(b) The commissioners court shall give notice of the
election. The notice must include:
(1) the name of the board;
(2) the proposal that the board be dissolved; and
(3) the place, date, and time of the election.
(c) The notice shall be published in a newspaper of general
circulation in the county once a week for two consecutive weeks.
The first publication must occur not later than the 21st day before
the date on which the election will be held.
Added by Acts 1997, 75th Leg., ch. 1135, § 1, eff. June 19, 1997.
§ 62.162. ELECTION TO DISSOLVE. (a) An election to
dissolve a board shall be held on the first authorized uniform
election date prescribed by the Election Code that allows
sufficient time to comply with the requirements of law and that
occurs after the date on which the commissioners court orders the
election.
(b) The ballot shall be printed to provide for voting for or
against the following: "Dissolving the [name of county] Beach Park
Board of Trustees and transferring its parks jurisdiction, assets
and liabilities to the [name of county] Commissioners Court."
(c) A copy of the tabulation of results shall be filed with
the county clerk of the county in which the board is located.
(d) If a majority of those voting at the election vote to
dissolve the board, the board and the commissioners court shall
proceed with dissolution. An election to create a new board under
this chapter in that county may not be held for at least one year
after dissolution.
(e) If a majority of those voting at the election vote
against dissolving the board, the commissioners court may not order
another election on the issue before the first anniversary of the
date of the canvass of the election.
Added by Acts 1997, 75th Leg., ch. 1135, § 1, eff. June 19, 1997.
§ 62.163. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS
AFTER DISSOLUTION. (a) After a vote to dissolve a board, the
board shall continue to control and administer the property, debts,
and assets of the board until:
(1) the board executes and files a written assignment
of all its property, debts, and assets to the commissioners court;
and
(2) the commissioners court executes and files in its
minutes an acceptance and assumption of the property, debts, and
assets of the board.
(b) The assignment prescribed by Subsection (a) must be
filed with the commissioners court not later than the 30th day after
the date of the canvass of the election.
(c) After the commissioners court determines that the
requirements of this section have been fulfilled, the commissioners
court shall enter an order dissolving the board.
(d) Each trustee is discharged from liability under the
trustee's bond on entry of the order prescribed by Subsection (c).
(e) An employee or contract of the board becomes an employee
or contract of the county, acting by and through its commissioners
court, on entry of the order prescribed by Subsection (c).
Added by Acts 1997, 75th Leg., ch. 1135, § 1, eff. June 19, 1997.
