Untitled Texas Attorney General Opinion ( 1978 )


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  • The Attorney General of Texas September 7, 1978 JOHN L. HILL Attorney General Honorable Charles Murphy, Director Opinion No. H- 12 3 9 Texas Aeronautics Commission P. 0. Box 12607, Capitol Station Re: Responsibility for main- Austin, Texas 787ll tenance of airports constructed in state parks. Dear Mr. Murphy: You inform us that the Texas Aeronautics Commission has constructed airports at Lake Whitney State Park and at Falcon State Park. See generally V.T.C.S. art. 46c-6, subdiv. 10 (Aeronautics Commission may make grants to state agencies for airport construction). The airstrips are in need of maintenance. You ask which state agency is responsible for the maintenance of airports constructed in state parks with funds appropriated to the Texas Aeronautics Commission. The Parks and Wildlife Code places all state parks under the confrol and custody of the Parks and Wildlife Department. Sec. 13.001. The department has authority to prepare and revise a statewide plan for the development of the state’s outdoor recreation resources, to develop, operate, and maintain outdoor facilities, and to improve and equip park sites. Sees. 13.002, 13.003. The operation, maintenance, and improvement of state parks is to be financed from the general revenue fund, the state parks fund, other funds authorized by law, and donations received for that purpose. Sec. 13.004. The Parks and Wildlife Department informs us that it has in the past performed minor repairs and maintenance on the a&trips. We believe the department has the authority and responsibility to maintain park facilities, including airstrips, from funds available for that purpose. The fact that the Parks and Wildlife Department rather than the Texas Aeronautics Commission has the responsibility to maintain the airstrips does not imply a requirement that the department continue to maintain the facilities after it determines the airstrips are no longer needed. p. 4938 Honorable Charles Murphy - Page 2 (H-1239) SUMMARY The Department of Parks and Wildlife is responsible for the maintenance of airports constructed in state parks. Attorney General of Texas APPROVED: DAVID M. KENDALL, First Assis C. ROBERT HEATH, Chairman Opinion Committee P. 4939

Document Info

Docket Number: H-1239

Judges: John Hill

Filed Date: 7/2/1978

Precedential Status: Precedential

Modified Date: 2/18/2017