2005 Texas Natural Resources Code CHAPTER 62. BEACH PARK BOARD OF TRUSTEES

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.