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General Law

Summaries

KP-0028
Ken Paxton

Type C general-law municipality's authority to levy ad valorem taxes|The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District.

KP-0171
Ken Paxton

Homeowner association dues, Type-A municipality not authorized to collect

KP-0181
Ken Paxton

Article III, section 52(a) prohibits gratuitous payment of public funds for private purposes|General law municipalities may exercise only powers specifically conferred on them by statute or constitution

GA-0046
Greg Abbott

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 years|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 earlier|Resignation of city council member of type A general-law city creates vacancy when accepted by city council or eight days after submission, whichever is earlier|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 years

GA-0084
Greg Abbott

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 levy|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 possib|Neither volunteer fire fighter nor member of board of fire fighting association is not an office|Validation act, three-year old contract may not be invalidated because one person served as member of both signing entities|Validation act does not affect city council member's possible criminal liability for violating statutory conflict-of-interest requirements, but does validate council agreements although council member may have violated criminal liability

GA-0478
Greg Abbott

Type A general-law city, authorization to annex in extraterritorial jurisdiction

GA-0483
Greg Abbott

Dissolve or reincorporate, a municipality may if it complies with legal requirements|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 is

GA-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0625
Greg Abbott

Payroll deduction under the Fire and Police Employee Relations Act, general-law city with population below 10,000 has implicit authority to provide

GA-0762
Greg Abbott

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 jurisdiction|Nonpoint source pollution

GA-0862
Greg Abbott

Municipal ordinance, authority of a Type A general-law municipality to adopt and enforce an ordinance prohibiting firearm discharge on property located within the municipality’s original corporate limits|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 limits

GA-1084
Greg Abbott

Sale of building located on a city street to a private entity

DM-0089
Dan Morales

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 Code

DM-0373
Dan Morales

Reannexation, prior annexation followed by disannexation does not preclude

JC-0028
John Cornyn

Quorum of city council of Type A general law city|Dispense with monthly meetings for three successive months, authority of city council of Type A or Type B general law city to\r\n\r\n|City council of Type A or Type B general law city, authority to decide to dispense with monthly meetings for three successive months\r\n\r\n

JC-0145
John Cornyn

Street vendors, Type A general-law city's authority to regulate or prohibit by ordinance

JC-0544
John Cornyn

Budget officer, city council may not delegate to another person mayor's or city manager's statutory authority as|City manager form of government may only be adopted by vote of residents pursuant to statute|Budget officer, city council may not delegate to another city officer or agent mayor's or city manager's statutory authority as

JC-0564
John Cornyn

Voluntary resignation from council position, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that dual service as council member and volunteer fire fighter acts as|Volunteer fire fighter, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that city council member may not simultaneously serve as|Volunteer fire fighter, City of Cockrell Hill may not adopt resolution barring simultaneous service of city council member as|Voluntary resignation from city council position, City of Cockrell Hill not authorized to adopt resolution declaring that dual service as council member and volunteer fire fighter acts as a|Dual service as city council member and volunteer fire fighter not permissible unless city council adopts resolution specifically authorizing it|General-law municipality, such as the City of Cockrell Hill, may not adopt resolution declaring that city council member may not simultaneously serve as volunteer fire fighter

KP-0334
Ken Paxton

The separation of powers provisions of article II, section 1 of the Texas Constitution do not apply to municipal government.

KP-0340
Ken Paxton

The common-law reserved powers doctrine could limit whether a home-rule municipality may enter a contract that would prohibit decertification of a special utility district’s certificate of convenience and necessity in the future.

KP-0433
Ken Paxton

Commencement of the terms of city council positions after an election under Texas Constitution article XI, section 11, and the validity of the election in particular circumstances.

KP-0438
Ken Paxton

A court could conclude that section 363.113 of the Health and Safety Code authorizes the City of Escobares to provide solid waste disposal service in the extraterritorial jurisdiction as a means of assuring solid waste management service is provided to all persons in the City’s jurisdiction.