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Home Rule

Summaries

KP-0026
Ken Paxton

A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.009(e) and is void.|A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void.|A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void|A home-rule city's charter provision that conflicts with state law is void.|A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.900(e) and is void.

KP-0223
Ken Paxton

Appointment of municipal waterworks system employee as municipal housing authority commissioner|Employee|Employ

KP-0231
Ken Paxton

Without requirements from state statute or city charter, city council has discretion to determine what constitutes a council member's absence|Without requirements from state statute or city charter, home-rule city council has discretion to determine what constitutes a council member's absence|Determination whether city charter requires city council member to abstain from voting is beyond purview of attorney general opinion

GA-0025
Greg Abbott

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 elec|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 elect|Preferential voting|Instant runoff voting

GA-0044
Greg Abbott

Cemetery, home-rule municipality authorized to operate

GA-0068
Greg Abbott

Conflicts of interest of city council members, home-rule city may regulate consistent with Local Government Code chapter 171|Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interest|Conflicts of interest, home-rule city may adopt ordinance regulating that is not inconsistent with Local Government Code chapter 171|Conflicts of interest of city council members, home-rule city may regulate consistently with Local Government Code chapter 171

GA-0082
Greg Abbott

Fees for inspecting installation and relocation of bus stops, home-rule city may not impose|Fees for inspecting installation and relocation of bus stops, home-rule city may not impose

GA-0110
Greg Abbott

Glass beverage containers, municipality may prohibit sale of|Alcoholic beverages in class containers, municipality may not prohibit sale of all, but may prohibit sale of beer in glass containers|Municipality may not prohibit sale of all alcoholic beverage in glass containers, but may prohibit sale of beer in glass containers|Municipality may prohibit sale of all glass beverage containers within corporate limits

GA-0120
Greg Abbott

Alcoholic beverage, home-rule city may not delegate to a subordinate municipal board the authority to grant variances in the regulation of|Authority to grant variances in the regulation of alcoholic beverage, home-rule city may not delegate to a subordinate municipal board the

GA-0130
Greg Abbott

Federal tax law, questions about should be directed to the Internal Revenue Service|Ordinance or resolution adopted by home-rule city must be consistent with city charter|Health insurance, provision of as compensation for city officers and employees|Amending ordinance, adopting another ordinance is required

GA-0175
Greg Abbott

Where city charter defines quorum as five members, removal from office of members does not reduce number required for quorum|Recall election, city council members removed from office in recall election do not hold over until their successors are qualified

GA-0217
Greg Abbott

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 office|Resign to run, police officers who are not officers are not subject to automatic resignation under article XI, section 11|Home-rule city, authority to provide in city charter for automatic resignation of mayor or council member who runs for another office

GA-0226
Greg Abbott

City charter that delegates authority to the city manager to appoint department heads "subject to consultation with the" municipal governing board does not take members of the governing board out of the category of public officials subject to the anti-nep|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 board|Nepotism statutes, members of the governing board of a home-rule municipality that has, in its city charter, delegated authority to its city manager to appoint department heads "subject to consultation with the" board are public officials subject to the

GA-0270
Greg Abbott

State land federal government wishes to lease, whether special act of the legislature is required to convey|State land, authority of governor to convey to federal government to construct a federal courthouse|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 w

GA-0276
Greg Abbott

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 zone|Home-rule city authority, 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 c|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 city lacks authority to extend a zone's duration beyond the termination date established in the ordinance designating the zone|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 ci

GA-0342
Greg Abbott

Charter amendment changing standing date of general elections enacted after statutory deadline in section 41.0052(a), Election Code, conflicts with state law and is therefore preempted|Municipal regulation conflicts with state law, home-rule municipality preempted from regulating subject matter if|Home-rule cities, legislative power is vested in city council and citizenry of|Governing Body

GA-0362
Greg Abbott

Justice of the peace exception, a home-rule city charter dual office holding provision that prohibits a municipal judge from serving as justice of the peace is not inconsistent with article XVI, section 40|Home-rule city may adopt a charter dual office holding provision that is stricter than the common-law doctrine of incompatibility|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 40|Incompatibility of offices, home-rule city may adopt a charter dual office holding provision that is stricter than the common-law doctrine of incompatibility

GA-0433
Greg Abbott

Charter amendment by ordinance, validity of

GA-0449
Greg Abbott

Attorney General does not ordinarily construe city charters|Health insurance benefits and car allowances, payment of, constitute "compensation"|compensation

GA-0506
Greg Abbott

Compost products, home-rule city’s to sell outside city limits

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-0558
Greg Abbott

Parkland, lease or sale of to an independent school district|Parkland, lease or sale of home-rule municipality's parkland to an independent school district|Lease or purchase of municipal parkland for school-district purposes, a school district's authority to|Notice and publication requirement

GA-0561
Greg Abbott

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") basis

GA-0595
Greg Abbott

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 manager|Home rule municipality, Government Code chapter 573 does 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 manager

GA-0697
Greg Abbott

Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based upon

GA-0821
Greg Abbott

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 fees

GA-0976
Greg Abbott

Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriff|Failure to comply with sex offender registration requirements is a matter squarely within a prosecutor’s discretion

GA-0985
Greg Abbott

Under Texas Constitution art. XI, section 11(a), home-rule municipality may not change its city council terms from three years to four years without charter amendment|City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)|Home-rule municipality may not change city council terms from three years to four years without charter amendment

DM-0129
Dan Morales

Sick leave pool, creation of|Sick leave pool, city's creation of|Sick leave pool may not be structured to provide extra compensation

DM-0130
Dan Morales

Zoning matter affecting territory in which member's residence is located, circumstances under which city council member of home rule city might choose to abstain from voting on|Zoning matter affecting territory in which member's residence is located, circumstances under which city council member might choose to abstain from voting on

DM-0182
Dan Morales

Tobacco, home-rule city ordinance licensing tobacco product retailers preempted by state law|Home-rule city may not adopt an ordinance licensing tobacco product retailers|Preemption, home-rule city may not adopt an ordinance licensing tobacco product retailers

DM-0433
Dan Morales

Cigarette vending machines, home-rule city may prohibit|Preempted by state law, home-rule city ordinance prohibiting cigarette vending machines is not|Cigarette vending machines, home-rule city may adopt ordinance restricting or prohibiting

DM-0473
Dan Morales

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 on|Meetings, home-rule city may adopt reasonable rules of procedure for meetings not inconsistent with constitution, statutes, or city charter provisions|Agenda preparation for city council meeting, home-rule city may adopt reasonable rules for

JC-0035
John Cornyn

Solid-waste collection, home-rule municipality may adopt ordinance requiring residential construction contractor to use franchisee selected by the City for weekly residential and commercial|Protected right to collect or to contract with hauling company of choice, within municipal jurisdiction neither private solid-waste hauling company nor residential construction contractor have

JC-0225
John Cornyn

Common-law doctrine of incompatibility, no authority under home rule power to exempt city council's appointments to governing body of another political subdivision from|Home rule city lacks authority to exempt city council's appointments to governing body of another political subdivision from common-law doctrine of incompatibility|Home rule city lacks authority to exempt from common-law doctrine of incompatibility city council's appointments to board of Authority

JC-0351
John Cornyn

City of Anson is a home-rule municipality|Population exceeds 5000, city determines if population exceeds 5000 and it is therefore eligible to elect to become home-rule municipality

JC-0368
John Cornyn

Utility lines, home-rule municipality may provide its own laborers and equipment to extend utility lines to a private residential subdivision|Extend lines to private residential subdivision, home-rule municipality may provide its own laborers and equipment to