CHAPTER 62. BEACH PARK BOARD OF TRUSTEES

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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.

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.

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.

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.

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.

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.

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.

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."

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.

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.

State Codes and Statutes

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