Ordinances

Impoundment of vehicle - All peace officers of the state may, to protect the public safety and under reasonable circumstances, impound a vehicle when the driver fails to provide evidence of financial responsibility.|Impoundment of vehicle - 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.|Impounded Vehicle Release - 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.|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.|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.

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 property|Takings Clause, article I, section 17, Texas Constitution - 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 property

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

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

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 facilit

Outdoor advertising signs, regulation by city|Nonconforming use|Highway Beautification Act, state law implementing provisions on outdoor advertising

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 relationship

Nonconsent tows, a municipality must comply with Transportation Code section 643.204’s plain-language requirements, if it regulates nonconsent tows in its territory\r\n\r\nNonconsent tows, the City of Victoria Code of Ordinances section 23-75 does not regulat

Budget adopted by ordinance, a municipality may amend only by adopting an ordinance|Equal dignity, an ordinance may be amended or repealed only by the adoption of an act of

Fact questions cannot be answered in an attorney general opinion|Subdivision plats, authority over in county’s unincorporated area|Extraterritorial jurisdiction of city, county and city required to enter into contract authorizing one set of subdivision and platting regulations in|Construction of does not involve an abstract issue of law but an issue of law predicated upon the facts of the individual case|Subdivision plats in extraterritorial jurisdiction, municipal authority over|Technical term not defined by statute, court may interpret statute in the light of expert testimony about the particular art, science, or trade

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

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 enact

Municipal ordinance prohibiting the 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|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 of|Municipal ordinance prohibiting the sale of alcoholic beverages by a dealer whose place of business that is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact

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 Code

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 bags|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.|Health and Safety Code section 361.0961 would likely prohibit a city ordinance adopted for solid waste management purposes that prohibited single-use plastic bags

Municipal drainage utility charge, school districts subject to

Handicapped accessibility, school district must comply with municipal building code requirements|Local building codes governing accessibility to building, waiver granted under article 601b, section 7.02(e) of the State Purchasing and General Services Act, Revised Civil Statutes, does not preempt enforcement of|Local building codes governing accessibility to building, waiver granted under article 601b, section 7.02(e), Revised Civil Statutes, does not preempt enforcement of

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

Pesticide ordinance, whether preempted by Structural Pest Control Act|Home-rule municipality, whether pesticide ordinance preempted by state law

Home-rule municipality, whether proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage Code|Preemption, proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage Code

Outdoor displays and signs, Pawnshop Act preempts regulation by home-rule city of

Alcoholic beverage sales, whether and to what extent municipal ordinance may regulate location of|On-premise sale|Alcoholic beverage sales, preemption of municipal ordinance regulating location of|Regulation by municipality of premises or businesses licensed to sell alcohol, whether and to what extent permissible

Peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce city ordinances|City ordinances, peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce

Rapid transit authority, power to prohibit licensed carrying of concealed handguns on its vehicles|City or county park, licensed carrying of concealed handguns in|Concealed handguns, county may prohibit carrying of under license in county park|Concealed handguns, power of rapid transit authority to prohibit licensed carrying of on its vehicles|Concealed handguns, city may not prohibit carrying of under license in public park

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 effect|Sexually oriented business ordinance that is less stringent than county ordinance previously in effect, no violation of due process where municipal annexation causes territory to be subject to

Garbage collection, school district located within municipality must comply with municipal ordinance on

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

Utility system board is agent of municipality|Delegation to municipal utility system board of authority to manage and control system|Utility system property, system holds as agent of municipality; municipality has ultimate authority to determine use and disposal of|Delegation to municipal utility system board may not exceed power to "manage and control" system|Utility system|Control|Management|Utility system employees are employees of municipality subject to municipal employment policies, compensation, and benefits unless municipality has delegated authority to utility system board|Utility system employees subject to municipal rules regarding compensation and benefits unless municipality has delegated authority to utility system board

Standards, Board may adopt plumbing of statewide applicability, but Board must adopt only the three codes incorporated into article 6243-101, section 5B(a) of the Revised Civil Statutes|Plumbing codes, municipality may not vary "substantially" from state standards|Substantially|Private entity, statute incorporating codes promulgated by is presumed constitutional

Jurisdiction over municipal nuisance ordinance violations that occur outside city limits|Jurisdiction of courts over violations of nuisance ordinance that occur outside city limits

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

Killing of feral pigeons, a city may not by ordinance forbid but "pigeon shoot" may constitute cruelty to animals|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 statute|Killing of feral pigeons explicitly authorized by Parks and Wildlife Code

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

Taxicab ordinance, council of governments is not exempt from ordinance because it is a political subdivision|Taxicab ordinance, council of governments is not exempt from ordinance because of its contract with Texas Department of Health

Excavation permit ordinance, whether chapter 283 of the Local Government Code requires that it to apply to other utilities or entities|Certified telecommunications provider excavation permit ordinance, whether chapter 283 of the Local Government Code requires that it apply to other utilities or entities

Plumbing installed pursuant to municipal regulations must be inspected by licensed plumbing inspector|Plumbing regulations, cities of 5,000 or more must adopt|Plumbing regulations, cities of fewer than 5,000 may adopt|International Residential Code, including plumbing provisions, is sole code in use for residential housing in Texas

Automated enforcement equipment to identify red-light violations at roadway intersections, a city is not prohibited from adopting ordinance authorizing use of|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 criminal

Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance against

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"|Two|Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, means precisely two and may not be construed to mean "two or more"

Subchapter D, chapter 822 of the Health and Safety Code governs dangerous dogs and incorporates local regulation.  Under the home-rule amendment of the Texas Constitution, however, a municipality cannot adopt an ordinance that conflicts with or is inconsistent with state law. 

Section 822.042 allows thirty days for an owner to comply with the applicable requirements for owning a dangerous dog.  A municipal ordinance imposing a shorter compliance deadline cannot be harmonized with the statute and therefore the municipal ordinance provision would fall.

Subsection 822.0423(c-1) provides for an appeal bond in an amount established by the court.  A municipal ordinance seeking to change the amount of an appeal bond is unenforceable.  The section does not, however, purport to limit other fees or costs that a municipality may impose on an owner.

Though a municipal ordinance providing for the destruction of a dog running at large could be a valid exercise of a municipality’s police power, the government’s impoundment or destruction of personal property invokes the constitutional protection of due process of law.  A municipal ordinance affording an owner no process to redeem the dog or to appeal certain determinations whatsoever would likely fail a procedural due process challenge.  Moreover, section 822.0424 provides a right to appeal certain determinations made with respect to a dangerous dog and its owner.  And subsection 822.042(e) expressly protects a dangerous dog from destruction during the pendency of such an appeal.  A municipal ordinance providing for the destruction of a dangerous dog during the appeal is contrary to the statute and is unenforceable.

A municipality may exercise its powers only within its corporate limits unless its power is extended by law to apply to areas outside those limits.  Nothing in subchapter D authorizes a city to extend its dangerous dog ordinance outside of its city limits.

The operation of pawnshops is governed exclusively by state law. 

The Texas and U.S. Constitutions prohibit governmental action that unlawfully discriminates on the basis of residence; thus, to the extent a local ordinance restricting access to or limiting occupancy of private property exceeds these boundaries, it is unconstitutional.

Without evidence in the statutes of the Legislature's clear and unmistakable intent to preempt all local ordinances affecting dams, a court would likely conclude that a local regulation will be invalid only to the extent inconsistent with a state regulation.

An ordinance that conditions receipt of a building permit on architectural control committee approval could conflict with Government Code subsection 3000.002(a)(1) to the extent that the architectural control committee prohibits or limits the use of certain building products or materials approved for use by a national model code.

Application of Government Code section 3000.002 to paint color and pattern requirements adopted by political subdivisions

Application of Education Code section 12.103 to open-enrollment charter schools

Enforceability of city action transitioning to staggered elections for city officials

Municipal authority to adopt ordinance relating to Local Government Code subsection 22.008(a) prohibiting official custodian of municipal funds from holding office when in default to municipality

Addressing whether a city may exercise control over HOT funds allocated to a park board pursuant to Tax Code subsection 351.105(f) or impose other limitations on a park board’s authority under Local Government Code chapter 306.