Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A court would likely conclude that a governmental entity improperly prohibiting handguns by oral or by a written notice that does not conform to Penal Code section 30.06 violates Government Code section 411.209.KP-049
Annexation of area excepted from three-year plan requirement does not require a residence be located on each tract GA-0737
Annexed property, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed areaGA-0459
Article I, section 16 of the Texas Constitution, metropolitan rapid transit authority may charge a withdrawn city for transportation services provided to persons with disabilities pursuant to sections 451.610 and 451.616 of the Transportation Code, even if city withdrew from authority prior to enactment of sections 451.610 and 451.616 of the Transportation Code, without violatingGA-0833
Authority granted to peace officers from adjoining states under article 2.124 of the Code of Criminal Procedure includes the authority to use deadly force and is limited to the municipal limitsGA-0690
Authority of a Type A corporation under the Development Corporation Act to provide financing of a project involving a nonprofit organization that provides affordable housing servicesGA-0819
Authority to take action regarding flood waters and drainage, drainage district shares with municipality located within the districtLO98-096
Bingo, municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption may assert a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernaliaGA-0173
Brazos River Authority is municipal government for purposes of subsection 901.410(1) of the Occupations CodeGA-0811
Business relationship requiring disclosure under chapter 176 of Local Government Code, personal or business interest bearing savings account generating taxable income isGA-0446
Charter, common-law doctrine of incompatibility with respect to municipal offices may be overcome byLO94-020
City Administrator of City of League City, Assistant Chief of Police on paid leave of absence from position is barred from serving as GA-0536
City charter - only qualified voters of a city may vote in an election to amend aGA-1031
City charter provision allowing a majority of a city council to call a special meeting, inconclusive as to whether such provision violates the Open Meetings ActGA-0717
City council may discuss appointment of members to Dallas Area Rapid Transit Board in executive session but may take final action only in an open meetingLO94-063
City may not build publicly-funded seawall on private land absent an easement or other appropriate interest in the landGA-0528
City withdrawing from regional transportation authority, a metropolitan planning organization’s policy body does not have authority under chapter 452, Transportation Code, to close a transit station inGA-0836
Civil Practice and Remedies Code section 75.002, subsection (f) and (g) do not apply to the state, a county, or a municipality that owns, operates, or maintains its premises for bicycle-related recreational activitiesGA-0338
Civil service municipality’s adoption of the Fire and Police Employees Relations Act, effect on fire chief’s authority to appoint deputiesGA-0662
Collective bargaining, city and fire fighters association may not negotiate to exclude from collective bargaining unit certain high ranking fire fightersLO98-102
Concealed handguns, whether municipality may prohibit carrying on its premises by posting notice under criminal trespass statuteLO95-058
Conflict of interest provisions, statute applying to boards created on behalf of municipal water systems is not retroactive and thus not applicable to San Antonio Water SystemJC-0509
Courtrooms and offices, 40th and 378th District Courts may locate outside original sixty-two acres of City of Waxahachie, so long as those courtrooms and offices are located within the currently existing municipal boundaries of that cityGA-0245
Crime control and prevention district, member of city council may not appoint himself to board of directors ofJC-0474
Delete time from military leave-time account, a municipality may notGA-0174
Denver boot, use of is not per se violative of due processLO93-039
Developer, municipality may require payment bond but not performance bond ofLO90-108
Development corporation, city council that created corporation may disapprove of specific expendituresGA-0086
Device having the appearance of a fire hydrant, water company’s authority to paint it blackGA-0710
Disannexation is sole remedy available to aggrieved parties in newly annexed area if municipality does not provide services in accordance with service planLO90-090
Disclosure requirements of chapter 176 of Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply withGA-0446
Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of Texas ConstitutionJC-0101
Dissolve or reincorporate, a municipality may if it complies with legal requirementsGA-0483
Division of tracts within municipality's limits or extraterritorial jurisdiction, statutory platting requirements not triggered unless divisions involve laying out of streets, alleys, squares, parks or other parts dedicated to public use or use of purchasLO90-047
Drain services benefiting private individuals, authority to provideLO97-046
Economic development corporation created under article 5190.6, section 4A of the Revised Civil Statutes and dissolving following voter initiative, creating municipality must approve plan of dissolutionJC-0553
Emergency medical services or First Responder services within the boundaries of a hospital district, municipality may expend tax funds to provide through its fire departmentJC-0420
Enforce requirements of chapter 176 of Local Government Code, local governmental entity has no affirmative duty toGA-0446
Executive director of corporation, mayor of city that creates industrial development corporation is not prohibited from serving as, but he may in certain instances be obliged to disclose his relationship when city council considers matters involving the cJC-0547
Existing contracts or agreements governing funding pertaining to the station, any right in the RTC to seek repayment from the City of federal funds expended in relation to the transit station would be determined underGA-0836
Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air ActKP-190
Extraterritorial jurisdiction previously relinquished pursuant to chapter 42 of the Local Government Code, authority to reacquireGA-0750
Extraterritorial jurisdiction, municipality may choose method by which it will determineLO94-033
Fair market value of city-owned lakeshore lot leased to private person where purchaser is lesseeLO98-082
Fiber optic cable, authority of city to install and operate with private companyDM-0391
Fire and police employees, application of position classification system in municipality that has not adopted civil service systemLO96-027
Government Code subsection 2051.044(a)(3), newspaper designated by a municipality that is released to the public in the same county where it is entered as second-class postal matter complies withGA-0838
Handheld laser speed enforcement device equipped with a video camera and GPS technology, under section 542.2035 of the Transportation Code a municipality is prohibited from using aGA-0846
Harris County-Houston Sports Authority, Houston City Council may not approve change order for authority's contracts or place restrictions on lease agreements negotiated byDM-0454
HIV health services planning council as agent of municipalityLO95-036
Home rule status, City of Socorro may not amend its charter to attain home rule status except by compliance with chapters 5 and 9 of the Local Government CodeJC-0187
Hospital district’s authority to contribute funds to city for building to house emergency medical services vehicleGA-0721
Housing authority created by municipality, reimbursement of commissioners on per diem basisLO94-043
Housing authority, municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissionersKP-006
Insurance and benefits coverage, municipality must maintain when a municipal fire fighter or police officer is called for military duty, but only on the terms in effect when the employee received the call which may include the employees' obligations to paGA-0174
Interlocal contract, municipality may extend transit system into another municipality pursuant toLO92-082
Interlocal cooperation contracts to furnish or obtain fire department services, civil liability under section 791.006 of Government Code relating to GA-0029
Jail operated for municipality by private entity, minimum jail standards apply toJM-1260
Lease of municipality's mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as the more specific enactmentGA-0441
Licensed vehicle storage facility, a towing company may not assess a nonconsenting owner or interest holder a towing fee without taking the vehicle to aGA-0215
Local Government Code section 43.129 - It is not possible to reliably predict whether a court would require a municipality to meet the 225,000 population requirement in subsection 43.121(a) in order to annex for limited purposes by consent under the authority granted by section 43.129.GA-1096
Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preemptedGA-0699
Local human rights commissions, authority to file civil action in district courtLO93-010
Map of municipal boundaries, duty of municipality to prepareLO95-017
Meetings, notice required for "personal endorsement" motionGA-0477
Mentally ill individual transported to hospital, chapter 573 of the Health and Safety Code does not place a duty on one law enforcement agency over another to overseeGA-0877
Military leave-time account, municipal fire fighters and police officers are entitled to donate any amount of leave to their department's military leave-time account that they would be entitled to use for themselvesGA-0174
Municipal annexation plan, failure to adopt does not result in void annexationGA-0737
Municipal health authority, upon dissolution assets may be disposed of only for a public purposeLO95-008
Municipal Retirement System - A court would likely conclude that the State is not required to assume liability when a municipal retirement system created under title 109 of the Texas Civil Statutes is unable to meet its financial obligationsKP-112
Municipal sales tax purposes, amended Tax Code prevents certain outlets, offices, facilities, or locations from qualifying as a "place of business of the retailer" forGA-0137
Municipal sales tax rebate contracts, amended Tax Code does not invalidate existing contracts nor prohibit municipalities and businesses from executing new contractsGA-0137
Municipalities with both a paid police department and a paid fire department, chapter 143 of the Local Government Code (civil service law) applies only toLO93-006
Municipality may sell its utility system to a river authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government CodeGA-0959
Municipally owned utility and establishment of board member qualifications, which can include out-of-city representation. Under Local Government Code chapter 552.122, a city has authority to adopt an ordinance providing for a board of trustees to manage and control itsGA-1031
Newspaper,a paper used for the publication of a political subdivision’s notices under section 2051.044 of the Government Code must satisfy the requirements of aGA-0856
Nonprofit, no-share corporation, whether municipality may sponsorDM-0194
Notice of meetings, City of Austin Employees Retirement System should post at city hallLO92-034
Notify persons of applicability of chapter 176 of Local Government Code, local governmental entity has not affirmative duty to GA-0446
On-site sewage facilities, whether municipal authority to regulate is preempted by Natural Resource Conservation CommissionDM-0343
Park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residentsJC-0252
Park land, authority of municipality to convey to University of TexasDM-0441
Park land, authority to convey to hospital districtDM-0232
Park land, authority to sell, standing of private individual to challenge saleLO97-057
Payment by city of certain expenses of private nonprofit corporation that holds land within city for sale to industrial prospects, constitutionality ofLO94-008
Payment of civil penalty under chapter 707, Transportation Code, by school district, may not contravene article III, sections 51 and 52(a) of Texas Constitution if district is not liable but payment accomplishes public purposeGA-0747
Payment of civil penalty under chapter 707, Transportation Code, by school district, would not contravene article III, sections 51 and 52(a) of Texas Constitution if district is liableGA-0747
Penalty setting fine higher than maximum prescribed by state ordinance, city may not adopt under section 485.019 of the Health and Safety Code regarding display of aerosol paintLO98-041
Petition signed by twenty percent of its qualified voters, municipality not required to receive before calling an election to withdraw from a regional transportation authorityGA-0763
Pool slide, to the extent a municipality that operates is subject to the Amusement Ride Safety Insurance and Inspection Act but must purchase insurance only in amounts sufficient to satisfy the municipality’s potential liability under the Tort Claims Act GA-0520
Prevailing wage law does not apply to project undertaken by development corporation created by city unless city, state, or another political subdivision is a party to the construction contractJC-0032
Privately-owned street within city boundaries, city may not enforce traffic laws onJC-0016
Professional service contracts, disclosure requirements of chapter 176 of Local Government Code apply toGA-0446
Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion CommitteeGA-0858
Public improvement district, municipality may not create in absence of landowner petitionLO96-129
Qualified hotel project within Enterprise Zone Act, whether private entity selected by a municipality comprisesLO95-085
Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained inGA-0367
Ratification of "personal endorsement" actionGA-0477
Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order if the city charter so requiresGA-1043
Recall petition, whether any particular city can establish standing to challenge the sufficiency of, is for a court to determineGA-1043
Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of Local Government Code should be retained according to entity'sGA-0446
Redevelopment plan, whether city required to condemn property in reinvestment zone to implementLO96-138
Regional transportation authority, municipality is "included within boundaries" of, only if it actually participates in the authorityLO90-065
Registered sex offenders, local government may broadcast certain information about on local cable television stationGA-0056
Regulation providing for a tenant's eviction for the otherwise legal possession of a firearm, municipal housing authority may not adoptDM-0071
Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting new tax increment baseDM-0390
Reinvestment zone, whether city's loan to defunct reinvestment zone may be treated as "project cost" of successorDM-0390
Removal of a vehicle, a peace officer may order a nonconsent tow of certain vehicles to a nearby place of safetyGA-0215
Repair of road located within city limits, county is authorized to pay for if road is integral part of or connecting link with county's road systemLO98-116
Reserve police force, a city that has adopted chapter 143 of the Texas Local Government Code may create and maintain aGA-0893
Retirement plan, authority to adopt without holding election under article 6243k, Revised Civil StatutesLO98-070
Right-of-way, water corporation must obtain municipality's consent before laying water system pipes, mains, or conductors through municipal; municipality may require water corporation to remove or relocate fixtures at corporation's expenseJC-0556
Risk pool, applicability of Insurance Code provisions requiring mental health parity, prohibiting treating pregnancy as a preexisting condition, and prohibiting charging deductible for covered child's required immunizationsGA-0047
Rules adopted by fire and police civil service commission, authority of city to approve, reject, or reviewDM-0447
Rural fire prevention district may not include territory within a city or its extraterritorial jurisdiction unless majority of voters residing in combined territory of the city and its extraterritorial jurisdiction vote in favor of creating the districtLO98-081
Salary advances to employees not ordinarily within city's authorityJM-1194
Service plan for annexation, validity of requirement that residents pay for capital improvements is a fact questionGA-0737
Sewage disposal system, city may compel property owners within its jurisdiction to connect to system operated by river authorityJC-0162
Solid waste disposal services, county authority to provide such services by contract or otherwise to persons in a municipality's extraterritorial jurisdictionGA-0988
Solid waste hauler, municipal authority to displace following annexation of service areaLO97-037
Special-purpose entity, municipal territory and functions may overlapLO98-096
Sports venue district composed of a county and municipality, municipal election not required provided voters of county gave their approvalDM-0455
Standards of the International Residential Code, Local Government Code section 214.212(c)(1) does not limit a municipality to adopting only amendments that are equivalent to or more stringent thanGA-0297
Street maintenance budget, city not prohibited from deducting amounts corresponding to those transferred to it by metropolitan rapid transit authorityLO92-071
Streets, a county may use road bonds issued under article III, section 52(b) and (c) of the Texas Constitution to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highwayGA-0576
Subdivision regulation agreement, deadlines for completing a certified subdivision regulation agreement between a county and a municipality under section 242.0015 of the Local Government CodeGA-0230
Tax increment financing reinvestment zone, whether city may designate as reinvestment zone area that is not “unproductive, underdeveloped, or blighted” if its plan of financing does not include issuance of bonds or notes GA-0514
Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas ConstitutionJC-0152
Tax increment financing reinvestment zones, authority of municipality to use unexpended tax increment funds to build project outside of terminated zoneJC-0141
Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in theGA-0729
Texas Asbestos Health Protection Act, inclusion of a municipality in the definition of person does not constitute a clear and unambiguous waiver of immunity from suit for a violation of section 1954.259(b)(2) of theGA-0729
Utility records of municipality, municipality generally may not disclose personal information from to person or entity that welcomes newcomersLO93-108
Utility system board is agent of municipalityDM-0444
Veterinarian may be employed by municipalityLO95-003
Village of Long Island is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consentGA-0107
Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of Local Government Code isGA-0446
Vote of a city council to reject reappointment of municipal court judge is an "action" sufficient to terminate tenure of judgeLO97-020
Zoning, city council's authority to act on requests for varianceLO97-062
Attorney fees to defend against prosecution for violating Open Meetings Act, reimbursement of public officers' from public funds (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
Bond proceeds, use for legal fees for arbitration of construction contractJC-0127
Budget adopted by ordinance, a municipality may amend only by adopting an ordinanceGA-0431
Certificates of obligation, authority of a municipality to issue to finance construction of a municipal open-enrollment charter school facilityGA-0069
City council does not have authority to require police department to purchase vehicles with forfeiture funds distributed to department pursuant to article 59.06 of Code of Criminal ProcedureJC-0005
Community development block grant funds, expenditure of subject to state competitive bidding lawsDM-0331
Continuing education for local law enforcement officers, funds allocated for may not be diverted to the general fund of a county or municipalityJC-0190
Death benefits, entitlement of widow of retired city employee toLO95-026
Depository, municipality must determine in first instance whether it may secure public funds with Small Business Administration CertificatesLO94-017
Depository, municipality not authorized to deposit funds in the demand accounts of savings and loan associationsDM-0099
Development corporation, city that established it may not give public money or free services to but may provide funding and services in exchange for consideration, subject to certain limitationsJC-0109
Development corporation, use of sales and use tax proceeds for maintenance and operating costs of projectLO98-062
Disposition of remaining assets of an abolished municipality to a nonprofit corporationKP-035
Donation to school district, city may spend public funds only for a public purpose and a municipal purpose and may not makeJC-0212
Economic development corporation created under the Development Corporation Act of 1979, whether a section 4A development corporation may grant funds and refund sales taxes to a private corporation in light of amendment to the Act changing the purpose of GA-0264
Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52 of the Texas ConstitutionDM-0185
Economic development, city may issue bonds to fund provided that bonds issued in accordance with municipal charter and approved by the votersDM-0185
Fire fighters' pension plan merger with Statewide Volunteer Fire Fighters' Retirement Fund, "unfunded prior-service cost" does not include benefits received by retired fire fightersLO95-075
Forfeiture funds, city council has only limited authority to determine how to expendDM-0072
General city purposes, chapter 351 of the Tax Code prohibits hotel occupancy tax revenues, including any surplus funds, from being expended forGA-0851
Grant of public funds to school district to use in constructing school buildings within city boundaries, city may not provideLO96-063
Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-a of the Texas ConstitutionJM-1227
Investment in mutual funds holding only adjustable rate mortgages that obligate United States agenciesDM-0202
Loan for private housing project, city's authority to makeGA-0529
Major Urban Resource Library grant, Library and Archives Commission not authorized to deny to library because of library's failure to provide services to nonresidents of municipalityLO95-077
Open-enrollment charter school, a municipality is not authorized to issue certificates of obligation to finance construction of school facilityGA-0069
Payment of costs incurred in a successful appeal to a zoning board as unconstitutional gratuityKP-056
Private streets, constitutionality of using municipal funds to provide lighting forLO94-078
Public Funds Investment Act would not govern a municipal utility's authority to invest nuclear decommissioning trust funds derived from charges paid by the selling utility's customersGA-0257
Revenues from city water system, placement in general fund (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
Sales and use tax levied under section 4A of Development Corporation Act of 1979, authority to make a "grant" of tax proceeds for "rehabilitation and job training/educational facility"JC-0362
School district, municipality may not finance acquisition of facility for lease by to be used solely for school district purposesJM-1255
Security lending agreements, trustees of municipal fire fighters retirement fund not authorized to enter into with corporate borrowerJM-1210
Subsequent election, proceeds of bonds approved for improvements to city's existing civic center may not be used to construct new civic and convention center unless approved by voters atLO98-060
Traffic fine money, effective date of legislation allocating between cities and state under various scenariosJM-1200
General Law
Budget officer, city council may not delegate to another city officer or agent mayor's or city manager's statutory authority asJC-0544
City council of Type A or Type B general law city, authority to decide to dispense with monthly meetings for three successive months JC-0028
City manager form of government may only be adopted by vote of residents pursuant to statuteJC-0544
Conveyances of personal and real property from general-law municipality to volunteer fire fighting associations, validity not affected by fact that city council member simultaneously served on fire fighting association board nor by council member's possibGA-0084
Firearm discharge ordinance, authority of a Type A general-law municipality to adopt and enforce ordinance prohibiting firearm discharge on property located within the municipality’s original corporate limitsGA-0862
General law municipalities may exercise only powers specifically conferred on them by statute or constitutionKP-181
Governing body members may not serve on general law city's board of adjustmentLO92-056
Homeowner association dues, Type-A municipality not authorized to collectKP-171
Longevity pay system, no express or implied authority for general law city to establishLO90-014
Payroll deduction under the Fire and Police Employee Relations Act, general-law city with population below 10,000 has implicit authority to provideGA-0625
Pollution resulting from generalized discharges of waste which are not traceable to a specific source, the Legislature has authorized a municipality to regulate in its extraterritorial jurisdictionGA-0762
Quorum of city council of Type A general law cityJC-0028
Reannexation, prior annexation followed by disannexation does not precludeDM-0373
Residence restriction on sex offenders, a general-law municipality has no authority to adoptGA-0526
Sale of building located on a city street to a private entityGA-1084
Street vendors, Type A general-law city's authority to regulate or prohibit by ordinanceJC-0145
Superseded by a special-law municipality, a municipality that incorporated under general law may be reincorporated under special law, and in that case the general-law municipality isGA-0483
Tax imposed by municipality included in water user's bill dedicated to maintenance of fire fighting equipment, general-law municipality has no statutory authority to levyGA-0084
Type A general-law city, authorization to annex in extraterritorial jurisdictionGA-0478
Type B general law city, candidate for elective office must meet requirements of section 23.024 of the Local Government Code and section 141.001(a)(4) of the Election CodeDM-0089
Type C general-law municipality's authority to levy ad valorem taxesKP-028
Vacancy on city council must be filled by election pursuant to article XI, section 11, Texas Constitution if city officers serve terms longer than two yearsGA-0046
Vacancy on city council of type A general-law city occurs when city council accepts resignation or eight days after it is submitted, whichever is earlierGA-0046
Volunteer fire fighter, City of Cockrell Hill may not adopt resolution barring simultaneous service of city council member asJC-0564
Warrant division of municipal court of record, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiffJM-1222
Water and sewer service to disannexed territory, general-law municipality may discontinueLO96-087
Home Rule
A home-rule city's charter provision that conflicts with state law is void.KP-026
Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based uponGA-0697
Agenda for city council meeting, city council has discretion to determine reasonableness of rule requiring agreement of one-third of city council to place item onDM-0473
Alcoholic beverage, home-rule city may not delegate to a subordinate municipal board the authority to grant variances in the regulation ofGA-0120
Alcoholic beverages in class containers, municipality may not prohibit sale of all, but may prohibit sale of beer in glass containersGA-0110
Attorney General does not ordinarily construe city chartersGA-0449
Cemetery, home-rule municipality authorized to operateGA-0044
Charter amendment by ordinance, validity ofGA-0433
Cigarette vending machines, home-rule city may prohibitDM-0433
City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)GA-0985
City of Anson is a home-rule municipalityJC-0351
Common-law doctrine of incompatibility, no authority under home rule power to exempt city council's appointments to governing body of another political subdivision fromJC-0225
Compost products, home-rule city’s to sell outside city limitsGA-0506
Conflicts of interest, home-rule city may adopt ordinance regulating that is not inconsistent with Local Government Code chapter 171GA-0068
Dual office holding provision in city charter that prohibits a municipal judge from serving as justice of the peace is not inconsistent with article XVI, section 40GA-0362
Fees for inspecting installation and relocation of bus stops, home-rule city may not imposeGA-0082
Glass beverage containers, municipality may prohibit sale ofGA-0110
Home-rule cities, legislative power is vested in city council and citizenry ofGA-0342
Home-rule municipality may not change city council terms from three years to four years without charter amendmentGA-0985
Impact fees, Local Government Code section 395 does not give a political subdivision or governmental entity, other than school districts, discretion to not pay required feesGA-0821
Incompatibility of offices, home-rule city may adopt a charter dual office holding provision that is stricter than the common-law doctrine of incompatibilityGA-0362
Instant runoff voting, home-rule municipality cannot institute because inconsistent with state constitutional and statutory requirements that municipal officers be elected by majority vote and, if no candidate be elected by a majority, that a runoff electGA-0025
Meetings, home-rule city may adopt reasonable rules of procedure for meetings not inconsistent with constitution, statutes, or city charter provisionsDM-0473
Municipal regulation conflicts with state law, home-rule municipality preempted from regulating subject matter ifGA-0342
Nepotism policy more restrictive than state nepotism law, home rule city may adoptLO93-030
Nepotism statutes (Government Code chapter 573) do not apply to the hiring of a city commissioner's relative by the city manager if the city's charter delegates full and final appointing authority to the city managerGA-0595
Nepotism statutes, municipal governing board does not avoid the application of by delegating, to the city manager, in its city charter, authority to appoint department heads "subject to consultation with the" governing boardGA-0226
Ordinance or resolution adopted by home-rule city must be consistent with city charterGA-0130
Park ranger of City of San Antonio is not a "police officer"LO90-024
Parkland, lease or sale of to an independent school districtGA-0558
Perpetual care trust, authority of city to terminate, deposit funds in general revenue fund, and apply those funds to cemetery maintenanceLO90-073
Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interestGA-0068
Population exceeds 5000, city determines if population exceeds 5000 and it is therefore eligible to elect to become home-rule municipalityJC-0351
Possession and consumption of alcoholic beverages, neither the Alcoholic Beverage Commission nor the City of Corsicana may regulate a business establishment that permits the possession and consumption of alcoholic beverages on a BYOB ("bring you own bottle") basisGA-0561
Preempted by state law, home-rule city ordinance prohibiting cigarette vending machines is notDM-0433
Preemption, home-rule city may not adopt an ordinance licensing tobacco product retailersDM-0182
Recall election, city council members removed from office in recall election do not hold over until their successors are qualifiedGA-0175
Representatives appointed by City Council of Garland to Board of Directors of North Texas Municipal Water District, city council lacks authority under its charter to removeJM-1239
Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adoptGA-0526
Resign to run, authority of home-rule city to provide in city charter for automatic resignation of mayor or council member who runs for another officeGA-0217
Retirement plan, home-rule city must have express statutory authority to adoptLO98-070
Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriffGA-0976
Sick leave pool, creation ofDM-0129
Solid-waste collection, home-rule municipality may adopt ordinance requiring residential construction contractor to use franchisee selected by the City for weekly residential and commercialJC-0035
Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule ciGA-0276
Utility lines, home-rule municipality may provide its own laborers and equipment to extend utility lines to a private residential subdivisionJC-0368
Vacation of street abutting land owned by the state and ceded to city for 99 year term, in acting to vacate street to allow federal courthouse construction, home-rule city would act as Texas authority with authority to vacate street rather than as party wGA-0270
Where city charter defines quorum as five members, removal from office of members does not reduce number required for quorumGA-0175
Zoning matter affecting territory in which member's residence is located, circumstances under which city council member might choose to abstain from voting onDM-0130
Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based uponGA-0697
Air conditioning and refrigerator maintenance, persons exempt from licensing requirements by state law are also exempt from licensing by municipal ordinanceLO97-043
Alcoholic beverage sales, whether and to what extent municipal ordinance may regulate location ofDM-0289
Amending ordinance, adopting another ordinance is requiredGA-0130
Automated enforcement equipment to identify red-light violations at roadway intersections, a city is not prohibited from adopting ordinance authorizing use ofJC-0460
Bond ordinance (municipal), Attorney General cannot construeLO98-058
Cemetery that existed prior to incorporation of general law city not exempted from zoning ordinances unless cemetery was granted a variance from municipality's jurisdictionLO90-078
Certain operations within city limits, whether home rule city may enforce an ordinance which requires fees and permits from a metropolitan transit authority forLO92-030
Certified telecommunications provider excavation permit ordinance, whether chapter 283 of the Local Government Code requires that it apply to other utilities or entitiesJC-0331
Cigarette vending machines, home-rule city may prohibitDM-0433
City ordinance provision imposing a conditional three-year expiration period on projects, a court would likely find such an ordinance contrary to section 245.002 of the Local Government CodeGA-0980
Concealed handguns, city may not prohibit carrying of under license in public parkDM-0364
Construction of does not involve an abstract issue of law but an issue of law predicated upon the facts of the individual caseGA-0648
Delegation to municipal utility system board of authority to manage and control systemDM-0444
Disregard of traffic-control device is a criminal violation under state law; cities are prohibited from enacting ordinances that conflict with state law and therefore a city may not adopt ordinance making running a red light a civil rather than a criminalJC-0460
Due process is not violated when municipal annexation causes territory to be subject to a sexually oriented business ordinance that is less stringent than county ordinance previously in effectDM-0399
Equal dignity, an ordinance may be amended or repealed only by the adoption of an act ofGA-0431
Fees for inspecting installation and relocation of bus stops, home-rule city may not imposeGA-0082
Fire code, enforcing in unincorporated areas of county outside of city limitsLO97-055
Garbage collection, school district located within municipality must comply with municipal ordinance onDM-0401
Impoundment of Vehicle - A court would have a basis to conclude that a municipality may not condition release of a vehicle impounded for lack of evidence of financial responsibility upon presentment of such evidence to a vehicle storage facility.KP-034
Impoundment of Vehicles Ordinance - A home-rule municipality, and likely a general-law municipality may adopt an ordinance regarding the impoundment of vehicles for the offense of lack of financial responsibility provided that such an ordinance is not in conflict with any statute and conforms to any constitutional constraints.KP-034
Jurisdiction of courts over violations of nuisance ordinance that occur outside city limitsJC-0025
Killing of feral pigeons, a city may not by ordinance forbid but "pigeon shoot" may constitute cruelty to animalsJC-0048
Library items, city council may enact ordinance making failure to return a class C misdemeanorLO94-022
Local building codes governing accessibility to building, waiver granted under article 601b, section 7.02(e), Revised Civil Statutes, does not preempt enforcement ofDM-0069
Manufactured housing, city may regulate location but may forbid installation only if fails to meet federal standardsLO97-002
Mobile and manufactured homes that are unsafe or unoccupied, city's authority to regulate as public nuisancesLO98-093
Municipal drainage utility charge, school districts subject toGA-1080
Municipal juvenile curfew ordinance of Crockett, Texas constitutional on its faceLO98-111
Municipal ordinance prohibiting sale of alcoholic beverages by dealer whose place of business is within 300 feet or 1,000 feet of public school, authority of general-law governing body to enactGA-0942
Municipal utility district, circumstances in which district must comply with municipal police ordinancesLO94-049
Nonconsent tows, a municipality must comply with Transportation Code section 643.204’s plain-language requirements, if it regulates nonconsent tows in its territory Nonconsent tows, the City of Victoria Code of Ordinances section 23-75 does not regulatGA-0315
On-site sewage disposal systems, a municipality may adopt by order or resolution more stringent standard than prescribed by state forJM-1278
Outdoor advertising signs, regulation by cityGA-0192
Outdoor displays and signs, Pawnshop Act preempts regulation by home-rule city ofDM-0253
Peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce city ordinancesDM-0318
Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilitGA-0166
Pesticide ordinance, whether preempted by Structural Pest Control ActDM-0221
Plumbing codes, municipality may not vary "substantially" from state standardsJC-0012
Plumbing installed pursuant to municipal regulations must be inspected by licensed plumbing inspectorJC-0453
Plumbing regulations, cities of 5,000 or more must adoptJC-0453
Plumbing regulations, cities of fewer than 5,000 may adoptJC-0453
Preempted by state law, home-rule city ordinance prohibiting cigarette vending machines is notDM-0433
Preemption, proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage CodeDM-0229
Prohibition by ordinance of organized pigeon shoot may be, but is not necessarily preempted by Penal Code preemption provision unless ordinance is in conflict with cruelty to animals statuteJC-0048
Prohibition on discharge of firearm by child, ordinance enacting is not preempted by state lawLO94-056
Registration of installers of on-site sewage disposal systems, a municipality may adopt by order or resolution more stringent standard than prescribed by state forJM-1278
Sale of alcoholic beverages by a dealer whose place of business is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact prohibition ofGA-0962
Section 361.0961 of the Health and Safety Code would likely prohibit a city ordinance adopted for solid waste management purposes that prohibited single-use plastic bagsGA-1078
Section 361.0961(a)(3) of the Health and Safety Code likely prohibits a city from adopting an ordinance that assesses a fee on the sale of a single-use plastic bag.GA-1078
Section 54.012(5), Health and Safety Code, ordinance enacted under, must be encompassed within the broad ambit of "health and safety regulations," and must, in addition, have some connection to real property to which a defendant has a special relationshipGA-0267
Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance againstJC-0485
Solid-waste collection, home-rule municipality may adopt ordinance requiring residential construction contractor to use franchisee selected by the City for weekly residential and commercialJC-0035
Statutory conflict of interest provisions cumulative of municipal charters and ordinancesLO96-049
Street vendors, Type A general-law city's authority to regulate or prohibit by ordinanceJC-0145
Subdivision plats in extraterritorial jurisdiction, municipal authority overGA-0648
Submerged land, municipality may enforce police-power ordinances against privately ownedLO98-114
Taxicab ordinance, council of governments is not exempt from ordinance because it is a political subdivisionJC-0218
Taxicab ordinance, council of governments is not exempt from ordinance because of its contract with Texas Department of HealthJC-0218
Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, which authorizes municipality to restrict certain vehicles to particular highway lanes, means precisely two and may not be construed to mean "two or more"JC-0551
Tobacco, home-rule city ordinance licensing tobacco product retailers preempted by state lawDM-0182
Tree preservation ordinances, a court could find a regulatory taking if all economically beneficial or productive use of land is denied or if the ordinance unreasonably interferes with a landowner's right to use and enjoy their propertyKP-155
Purchasing and Contracts
Ad valorem taxes, contract between a municipal governing body and another taxing unit or an appraisal district board to collect, GA-0724
Assessment for public improvements, contract under Intergovernmental Contract Act between municipality and another local government to collect assessment under Public Improvement District Assessment ActGA-0724
Auctioneering services, city may determine whether they are "professional services" exempt from competitive bidding requirementsDM-0106
Automated information systems, purchase by local governments through state catalogue purchasing procedureDM-0350
Bingo equipment purchased by municipal senior citizen community center, sales-tax exemptionGA-0173
Capital improvements and impact fees, authority of municipality to contract to construct and charge within second municipalityDM-0319
Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court orderJC-0516
Competitive bidding laws apply to expenditure of community development block grant fundsDM-0331
Competitive bidding, necessity for when there is failure by municipality to require performance bond on developer participation contractLO95-010
Competitive proposals, statutory requirements regarding do not apply to competitive proposal process authorized by other lawJC-0326
Consultation services contract with municipality, absent statutory authorization a county attorney in official capacity may not enter intoJC-0034
Consultation services to municipality for fee, county attorney subject to Professional Prosecutors Act may not contract in private capacity to provideJC-0034
Contract, whether mayor or city manager may bind city where city council has exclusive authority to enter into contracts on behalf of cityJC-0154
Estoppel against city in exercise of governmental function by unauthorized acts of city officers or employeesJC-0154
Excess or surplus insurance coverage, municipality's purchase of is not exempt from competitive bidding requirementsDM-0070
Exemption from competitive bidding, municipalities may procure services through competitive bidding even if such services qualify for anDM-0106
Local engineering firms, home-rule city is prohibited from giving preference to in awarding contractsLO93-073
Local governments may not enter into interlocal contract to agree to deny utility and landfill services to customers who are delinquent in payments to other parties to the agreementJC-0219
Minority business enterprises, requirements for municipal program to award public contracts toDM-0234
Performance bond required for cost of improvements to be constructed for municipality pursuant to a developer participation contract, amount ofLO95-010
Privileged parking provisions of Transportation Code chapter 681 - A court would likely conclude that a political subdivision is not authorized to contract with a private business to enforce the privileged parking provisions of chapter 681.KP-033
Professional services exempt from competitive bidding, municipality has discretion to determine whether contract is forJC-0326
Security guard contracts, city may not require bidders for to provide health insurance benefits to their employees because the requirement does not relate to the quality of security guard servicesJM-1213
Selection of "sole broker of record," municipality's selection of is not exempt from competitive bidding requirementsDM-0070
Selection of a company as a construction manager-at-risk if a related company has been selected as the design engineer that will also perform the inspection, testing, and verification services necessary for acceptance of the projectGA-0782
Tax increment financing, a city may use a tax increment fund to pay a developer for environmental remediation, renovation, or facade preservation if they are "project costs"GA-0305
Tax increment financing, a tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures from the tax increment fund; if an expenditure isGA-0305
Telecommunications services, agreement between city and private company jointly to provide to public prohibitedDM-0391
Transfer public land to private party using industrial development corporation as an intermediary, city may notGA-0004
Transportation Code section 681.0101 - A court would likely conclude that section 681.0101 does not authorize a political subdivision to appoint a private business to enforce the privileged parking provisions of chapter 681 because a private business is not a "person" under section 681.0101KP-033
Taxes and Fees
Abate delinquent ad valorem taxes, municipality has no authority toLO95-090
Ad valorem taxes, charter provision requiring voter approval before imposingGA-1073
Additional sales and use tax, city may not use to finance homestead exemptionDM-0218
Air conditioning and refrigeration contractor licensed by Department of Licensing and Regulation, city may not impose local licensing taxes, occupation taxes, or bond requirements onJM-1195
Air conditioning and refrigeration contractors, municipality's authority to impose registration fee onLO95-028
Ballot language for city election to impose sales and use tax for economic development and reduce sales and use tax adopted to reduce property taxesLO93-104
Beach user fees, application of sales taxJC-0081
Chief appraiser, initial determination about eligibility of tax exemptions rests withGA-0827
Comptroller’s interpretation of single nonprofit trust to mean that the trust can be used only for the purpose of paying insurance premiums is reasonable; however, limiting use of the funds to only paying premiums and prohibiting trust funds from being used to cover other expenses in furtherance of the trust’s purpose is contrary to the statuteGA-0739
Construction of sanitary sewer lines in existing residential subdivision, municipality may use sales taxes levied under Development Corporation Act if board of directors makes findingLO95-072
Contract with voters; representations and statements preceding an election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar projectGA-0968
Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 of Texas ConstitutionJC-0118
Development Corporation Act of 1979, section 4B sales and use tax proceeds may only be used for project costs; they may not be used for "promotional purposes" unrelated to projectsJC-0118
Development Corporation Act of 1979, use of section 4B sales and use tax proceeds for park project not specifically approved at tax electionJC-0400
Drainage charge adopted under Municipal Drainage Utility Systems Act, criteria forLO97-095
Economic development tax and additional sales and use tax in city, proposals for adopting may not be combined in single ballot propositionLO96-110
Election proposition limits use of Development Corporation Act of 1979, section 4B sales and use tax collected in Gun Barrel City to business development projectsJC-0494
Election proposition, if authorizes use of Development Corporation Act of 1979, section 4B, sales and use tax proceeds for access road to undeveloped commercially zoned propertyJC-0488
Elections implementing a tax freeze under article VIII, section 1-b(h) of the Texas Constitution, home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply toGA-0269
Homestead exemption, municipality may not increase if increase would impair municipality's contract to pay bondholders with ad valorem tax revenuesDM-0031
Hotel occupancy tax revenue, whether a particular proposed expenditure of is a permissible use is for the municipality's governing body to determine in the first instanceGA-0124
Hotel occupancy tax revenues, city which collects in excess of $2 million in most recent calendar year not restricted by allocation formula dedicating 50 percent to advertising and promotion of tourism and conventionsJC-0105
Hotel occupancy tax, authority of municipality with population of fewer than 35,000 to impose such tax in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percentGA-0408
Hotel occupancy tax, whether city may collect in area annexed for limited purposes pursuant to a strategic partnership agreementLO97-005
Hotel-motel tax revenues, whether city may spend on George Bush Library at Texas A&M UniversityDM-0394
Impact fee imposed by political subdivision, school district is not required to pay unless board consents to such payment by entering into contract with political subdivisionGA-0637
Impact fee, cash that municipality requires subdivision developer to deposit in escrow to cover costs of future pavement construction is not (Overruled by Court Decision, see Desoto Wildwood Dev., Inc. v. City of Lewisville, 184 S.W.3d 814 (Tex. App.-Fort Worth 2006, no pet.)LO97-0048
Impact fees for water and wastewater infrastructure in El Paso and its extraterritorial jurisdiction, city council may impose and may delegate ministerial duty to collect to the Public Service Board that acts as its agent for operating water utilitiesGA-0434
Impact fees, assessment and collection of impact fees adopted after June 20, 1987 GA-0577
Impact fees, authority of municipality to charge within another municipalityDM-0319
Impact fees, authority to grant a credit for a water line project on sewer impact feesGA-0788
Impact fees, municipal water rights fees asGA-0482
Meaning of the term "school district" within context of Local Government Code subsection 395.022(b) concerning impact feesGA-0984
Municipal drainage utility charge, school districts subject toGA-1080
Municipal hotel occupancy tax revenue - If expenditure is for one of the specified uses listed in Tax Code section 351.101, municipality may expend municipal hotel occupancy tax revenue in the direct promotion of tourism and the convention and hotel industryKP-131
New abatement agreement must fully comply with chapter 312 of the Tax CodeGA-0304
Parking fees at municipal airport, holder of special parking permit for disabled not required to pay in certain circumstancesLO96-055
Premiums paid on group health, accident, and life insurance policies by a single nonprofit trust established to provide coverage for employees of municipalities, counties or hospital districts, subsection 222.002(c)(5) of the Insurance Code excludes from the imposition of insurance premium taxesGA-0739
Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule municipality under article VIII, section 1-b(h) of Texas Constitution may not be repealed by an election called pursuant to a petition ofGA-0222
Property tax freeze for persons with disabilities or persons sixty-five years of age or older, article VIII, section 1-b(h) of the Texas Constitution does not permit a county, a city or town, or a junior college district implementing that provision to useGA-0222
Property tax freeze for persons with disabilities or persons sixty-five years of age or older, the tax limitation in article VIII, section 1-b(h) of the Texas Constitution is available to a city that has not previously enacted a residence homestead tax exemptionGA-0363
Property tax freeze, article VIII, section 1-b(h) of the Texas Constitution authorizes a governing body of a home-rule municipality, on its own motion and without a petition from the city's voters, to call an election to adopt a tax freeze for persons whoGA-0222
Racetrack admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdictionJC-0001
Rate reduction on sales tax levied by city for industrial development corporation may not be applied to bonds issued prior to date of electionDM-0137
Sales and use tax, city may not adopt at a tax rate not expressly provided by statuteDM-0218
Sales and use taxes authorized under separate statutory provisions, city may adopt in same election but proposal to adopt may not be combined in single ballot propositionDM-0218
Sales and use taxes, authority of city to levy upon withdrawing from transit authorityLO96-073
Sales tax election to fund venue project, city may not hold earlier than one year from date of previous sales tax electionLO98-074
Sales tax rebate, if a business collects and remits municipal sales taxes are required by law, the city's rebate of those taxes to the business does not violate article III, section 55 or the Texas ConstitutionGA-0071
Section 4B, article 5190.6 of the Development Corporation Act of 1979 sales and use tax, Gun Barrel City Economic Development Corporation may use to fund youth football fieldGA-0265
Tax abatement agreement, prior tax abatement agreement concerning specific property does not preclude a municipality from abating taxes on different personal property at the same locationGA-0304
Tax exempt property, tax exempt status of leasehold interest inGA-0827
Tax increment financing reinvestment zone, authority of home-rule city to extend a zone's duration beyond the termination date established in the ordinance designating the zoneGA-0276
The Comptroller's conclusion that voters in areas annexed for limited purposes under Local Government Code section 43.0751 must be given the opportunity to vote on the imposition of fire control and crime control district taxes before a municipality my impose them on those areas is reasonable and will likely be shown deference by the courts.GA-0987
Transportation Code section 502.403, county is required to send a portion of revenue generated by county fee for child safety to municipalities underKP-068
Type C general-law municipality's authority to levy ad valorem taxesKP-028
Urban Renewal Law's tax increment financing provisions were unconstitutional when adopted in 1977 but validated by reenactment in 1987JC-0373
Visitors information center, city may expend municipal hotel tax funds for improvement ofLO92-051
Water line installation impact fee, municipality must comply with subchapter C of chapter 395 of the Local Government Code before enacting or imposingLO93-056