CHAPTER 62. BEACH PARK BOARD OF TRUSTEES
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE E. BEACHES AND DUNES
CHAPTER 62. BEACH PARK BOARD OF TRUSTEES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 149, Sec. 39,
eff. Sept. 1, 1987.
Sec. 62.002. DEFINITION. In this chapter, "board" means the
Beach Park Board of Trustees.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER B. CREATION OF BOARD
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2001, 77th Leg., ch. 1420, Sec.
8.353, eff. Sept. 1, 2001.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
65, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.
13.003(a), eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.
13.003(a), eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER E. ISSUANCE OF BONDS
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.
13.003(a), eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.
13.003(a), eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER F. DISSOLUTION OF BOARD
Sec. 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, Sec. 1, eff. June 19,
1997.
Sec. 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, Sec. 1, eff. June 19,
1997.
Sec. 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, Sec. 1, eff. June 19,
1997.