Municipalities

Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners|Housing authority, municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners|Housing Authorities - Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners

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.

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.

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 681.0101|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.

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.

Abolished municipality, disposition of remaining assets of an abolished municipality to a nonprofit corporation|Disposition of remaining assets of an abolished municipality to a nonprofit corporation

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.|Pursuant to Opinion KP-0047, it is only the courtrooms and those offices determined to be essential to their operations from which Hays County may prohibit concealed handguns without risk of incurring a civil penalty under Government Code section 411.209.|A concealed handgun license holder who refuses, after notice by the governmental entity, to exit premises from which Penal Code sections 46.03 or 46.035 prohibit handguns, commits an offense punishable as a misdemeanor.|A licensee who refuses to relinquish any concealed handgun or refuses to exit the building after being given notice by a governmental entity does not commit an offense if the building is not one from which Penal Code sections 46.03 and 46.035 prohibit concealed handguns.

Payment of costs incurred in a successful appeal to a zoning board as unconstitutional gratuity

Transportation Code section 502.403, county is required to send a portion of revenue generated by county fee for child safety to municipalities under

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 obligations

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 industry|Directly

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

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

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

Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air Act|Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198|Permitting procedure of Texas Commission on Environmental Quality pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Permitting procedure pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air Act

Homestead tax exemption establishing floor greater than amount set in Texas Constitution article VIII, § 1-b(e) - authority of home-rule municipality to adopt|Homestead tax exemption establishing floor greater than amount set in Texas Constitution article VIII § 1-b(e) - authority of home-rule city to adopt|Homestead tax exemption - $5,000 floor set in Texas Constitution article VIII § 1-b(e) may not be increased by home-rule municipality|Property tax exemption - chief appraiser determines individual's right to exemption and has duty to determine an exemption is inapplicable to extent it violates the law

Municipality's authority to impose fines and fees under Local Government Code section 43.0117(b) concerning annexation near military base|Annexations near active military base - sufficiency of ballot measure

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

Article XVI, section 40(d) precludes legislators from providing services as an employee of local government|Legislator's acceptance of payment from local government for lobbying, authority and limitations|Legislator as employee of local government, prohibited by Texas Constitution article XVI, section 40(d)|Legislators precluded by Texas Constitution article XVI, section 40(d) from providing services as employee of local government

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

Industrial development corporation, whether it is a "governmental entity"|Transfer public land to private party using industrial development corporation as an intermediary, city may not|Governmental entity

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

"Civil liability" in section 791.006 of Government Code relating to interlocal cooperation contracts to furnish or obtain fire department services, meaning of|Interlocal cooperation contracts to furnish or obtain fire department services, civil liability under section 791.006 of Government Code relating to |Civil liability

Cemetery, home-rule municipality authorized to operate

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

Mental health parity, applicability of Insurance Code provisions requiring municipal risk pool|Pregnancy as preexisting condition, applicability of Insurance Code provisions requiring to municipal risk pool|Immunizations required for children through age six, municipality may not charge deductible of covered children even if received from non-network provider|Municipal risk pool, applicability of statutes requiring mental health parity, prohibiting treating pregnancy as preexisting condition, and prohibiting risk pool from charging deductible for covered child's required immunizations|Immunizations, municipal risk pool may not charge deductible for those required for children through age six even if received from non-network provider|Municipal risk pool, Department's jurisdiction over with respect to mental health parity requirements, use of pregnancy as preexisting condition, and charging deductible for covered child's required immunizations|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 immunizations|Deductible

Registered sex offenders, local government may broadcast certain information about on local cable television station

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

Open-enrollment charter school, a municipality is not authorized to issue certificates of obligation to finance construction of school facility|Certificates of obligation, authority of a municipality to issue to finance construction of a municipal open-enrollment charter school facility

Release of obligations, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55|Sales tax rebate, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55 of the Texas Constitution|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 Constitution

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

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

Development corporation, section 4A corporation may not spend more than 10 percent of its annual revenues for promotional purposes in any given year|Development corporation, city council that created corporation may disapprove of specific expenditures

Long Island is located within the Laguna Madre and is not "an island bordering the Gulf of Mexico"|Village of Long Island is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consent|Long Island, Village of, is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consent

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

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

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 instance|Municipal hotel occupancy tax revenue, whether a particular proposed expenditure of is permissible is for the municipality's governing body to determine in the first instance

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

Municipal sales tax purposes, amended Tax Code prevents certain outlets, offices, facilities, or locations from qualifying as a "place of business of the retailer" for|Municipal sales tax rebate contracts, amended Tax Code does not invalidate existing contracts nor prohibit municipalities and businesses from executing new contracts

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

Sales-tax exemption for bingo equipment purchased by municipal senior citizen community center|Bingo equipment purchased by municipal senior citizen community center, sales-tax exemption|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 paraphernalia|Municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption, exemption provides a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernalia|Gambling, 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 paraphernalia

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 for themselves|Delete time from military leave-time account, a municipality may not|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 pa|Military leave-time account, municipal fire fighters are entitled to donate any amount of leave to their department's military leave-time account that they would be entitled to use for themselves|Delete time from the military leave-time account, a municipality may not|Insurance and benefits coverage, when a municipal fire fighter is called for military duty a municipality must maintain, but only on the terms in effect when the employee received the call which may include the employees' obligations to pay their portion |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 themselves|Insurance and benefits coverage, municipality must maintain when a 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 pay their portion of any pre|Military leave-time account, municipal 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 themselves

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

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

Licensed vehicle storage facility, a towing company may not assess a nonconsenting owner or interest holder a towing fee without taking the vehicle to a|Removal of a vehicle, a peace officer may order a nonconsent tow of certain vehicles to a nearby place of safety

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

Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule city under article VIII, section 1-b(h) of Texas Constitution may not be repealed by an election called pursuant to a petition of the cit|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 use|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 who|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 of|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), may not be repealed by an election called pursuant to a petition of the city's voters|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, article VIII, section 1-b(h) of the Constitution does not permit a county, a city or town, or a junior college district implementing that provision to use a yea|Property tax freeze, article VIII, section 1-b(h) of the 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 who are d

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

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 Code

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 city

Nuclear decommissioning, the 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 customers|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 customers

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 |Project authorized by the Department 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 a project from economic dev

Sales and use tax authorized by section 4B, article 5190.6, Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field|Legislative finding that projects under section 4B(a)(2)(A), article 5190.6 of the Development Corporation Act of 1979 accomplish public purposes relating to economic development|Ballot proposition in sales and use tax election under section 4B, article 5190.6 of the Development Corporation Act of 1979 forms part of contract with voters|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 field|Sales and use tax under section 4B, article 5190.6 of the Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field

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

Elections implementing a tax freeze under article VII, section 1-b(h) of the Texas Constitution, home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to|Elections implementing a tax freeze under article VIII, section 1-b(h), home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to|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 to

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

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

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 than

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 location|New abatement agreement must fully comply with chapter 312 of the Tax Code

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"|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 is|Tax increment fund is a public fund subject to article III, section 52|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 for the tax increment fund|Reimbursement, if a municipal expenditure is subject to Local Government Code chapter 252, the city would be precluded from reimbursing a person for costs incurred for work not performed pursuant to a competitively bid contract

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

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 activities|Civil Practice and Remedies Code section 75.002, subsections (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 activities

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

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

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 Constitution is available to a city that has not previously enacted a residence homestead tax exemption|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 exemption

Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in rabies vaccination certificate and made confidential under chapter 826 of the Health and Safety Code|Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in

Hotel occupancy tax; authority of a municipality with a population of fewer than 35,000 to impose in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent|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 percent

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

Charter amendment by ordinance, validity of

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 utilities|El Paso Water Utilities Public Service Board may not impose impact fees for water and wastewater infrastructure in El Paso and its extraterritorial jurisdiction

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 enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 is the more specific enactment and prevails|Municipality's lease of its 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 it is the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 is the more specific enactment and therefore prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 as the more specific enactment prevails

Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply to|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176 of the Local Government Code|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of the Local Government code, local governmental entity has no affirmative duty to|Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code is|Business relationship requiring disclosure under chapter 176 of Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of Local Government Code apply to|Absent business relationship or affiliation, person subject to chapter 176 of Local Government Code must file conflict of interest questionnaire even though|Family member of local government officer, person subject to chapter 176 of Local Government Code must comply with its disclosure requirements even if a|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176, Local Government Code|Mere adoption of list of various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "describe" the required relationships and affiliations and therefore does not comply with chapter 176 |Providing incomplete list of the various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "identify and describe" all of the required relationships and affiliations and therefore does not comply with chapter 176|Chapter 176 of Local Government Code, contract with local governmental entity is not void because person failed to comply with disclosure requirements of|Existing contracts with local governmental entity, chapter 176 of Local Government Code does not include|Goods and services at reduced prices, chapter 176 of Local Government Code includes contracts offering|Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty to|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of Local Government Code, local governmental entity has not affirmative duty to |Disclosure requirements of chapter 176 of Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of Local Government Code is|Contracts or seeks to contract|Business relationship|Affiliation|Or

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

Street improvement and maintenance, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed property|Annexed property, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed area|Dedication|Acceptance

Notice required for "personal endorsement" motion|Ratification of "personal endorsement" action|Meetings, notice required for "personal endorsement" motion

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

Impact fees, municipal water rights fees as

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

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

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\r\n

Amusement Ride Safety Insurance and Inspection Act, to the extent a municipality that operates a pool slide is a person operating an amusement ride, the municipality is subject to the \r\n|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\r\n

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

Seawall built by city and funded by public funds may not be built on private land absent an easement or other appropriate interest in the land|City that builds seawall funded by assessments must maintain sufficient control over it to ensure that the public purpose is accomplished and to protect the public's interest in it|City may not build publicly-funded seawall on private land absent an easement or other appropriate interest in the land|Owner may exclude others from his real property|Assessment on property to pay for public improvements that specially benefit the property are levied under taking power but are distinct from general property tax|Assessment, special assessment|Easement

Loan for private housing project, city's authority to make

City Administrator of City of League City, Assistant Chief of Police on paid leave of absence is barred from serving as\r\n|City Administrator of City of League City, Assistant Chief of Police on paid leave of absence from position is barred from serving as\r\n|Assistant Chief of Police in City of League City does not hold civil service position\r\n

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

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

Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|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 highway|Integral

Impact fees, assessment and collection of impact fees adopted after June 20, 1987\r\n|Adopt|Collect

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

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

School district is not required to pay impact fee imposed by political subdivision unless board consents to such payment by entering into contract with political subdivision|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 subdivision

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

Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employees Relations Act|Civil service municipality’s adoption of the Fire and Police Employees Relations Act, effect on fire chief’s authority to appoint deputies|Adopted by election, the Fire and Police Employees Relations Act is|Subsection

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 limits

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

Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted

Device having the appearance of a fire hydrant, water company’s authority to paint it black

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 Act

Hospital district’s authority to contribute funds to city for a building to house emergency medical services vehicle|Building to house emergency medical services vehicle, hospital district’s authority to contribute funds to city for a|Hospital district’s authority to contribute funds to city for building to house emergency medical services vehicle

Ad valorem taxes, contract between a municipal governing body and another taxing unit or an appraisal district board to collect, \r\n \r\n|Municipal governing body may contract under Intergovernmental Contract Act for collection of assessments imposed under Public Improvement District Assessment Act with another local government with authority to collect assessments|Assessment on property to finance public improvement is not an ad valorem tax|Contract to collect taxes under Tax Code section 6.24 applies to ad valorem taxes, not to assessments for public improvements|Assessment, ad valorem tax\r\n|Assessment, to finance public improvement\r\n|Special assessment|Ad valorem tax|Assessment for public improvements, contract under Intergovernmental Contract Act between municipality and another local government to collect assessment under Public Improvement District Assessment Act

Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in the|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 the|Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in the\r\n\r\nTexas Asbestos Health Protection Act, sections 1954.351 and 1954.401(a)(1) are not limited in application to those persons who are registered or licensed under the\r\n\r\nTexas 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 the

Annexation of area excepted from three-year plan requirement does not require a residence \r\nbe located on each tract |Municipal annexation plan, failure to adopt does not result in void annexation|Service plan for annexation, validity of requirement that residents pay for capital improvements is a fact question

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 taxes|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 statute

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 liable|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 purpose|Payment of civil penalty under chapter 707 of the Transportation Code by school district may not contravene article III, sections 51 and 52(a) of the Constitution if district is not liable but payment accomplishes public purpose

City’s authority to reacquire extraterritorial jurisdiction that it previously relinquished pursuant to chapter 42 of the Local Government Code|Extraterritorial jurisdiction previously relinquished pursuant to chapter 42 of the Local Government Code, authority to reacquire

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

Municipality is not required to receive a petition signed by twenty percent of its qualified voters before calling an election to withdraw from a regional transportation authority|Petition signed by twenty percent of its qualified voters, municipality not required to receive before calling an election to withdraw from a regional transportation authority

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 project

Impact fees, municipality’s authority to grant a credit for a water line project on sewer impact fees|Impact fees, authority to grant a credit for a water line project on sewer impact fees|Impact fees, municipality’s authority to grant a credit for a water line project on sewer impact fees \r\n

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 services

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

Chief appraiser, initial determination about eligibility of tax exemptions rests with|Tax exempt property, tax exempt status of leasehold interest in

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 violating

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 in|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 under|Regional transportation authority, a metropolitan planning organization’s policy body does not have authority, under chapter 452, Transportation Code, to close a transit station in city withdrawing from

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 with

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 a

Hotel occupancy tax revenues collected under chapter 351, Tax Code, must be expended only as authorized by chapter 351|General city purposes, Chapter 351, Tax Code, prohibits hotel occupancy tax revenues, including any surplus funds, from being expended for|General city purposes, chapter 351 of the Tax Code prohibits hotel occupancy tax revenues, including any surplus funds, from being expended for|Hotel occupancy tax revenues collected under chapter 351 of the Tax Code must be expended only as authorized by chapter 351

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 a|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 a|Newspaper

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 Committee|Project labor agreement

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

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 oversee|Sheriff’s office must transport a person subject to court-ordered mental health services under chapter 574 of the Health and Safety Code within a reasonable amount of time and without delay

Reserve police force, a city that has adopted chapter 143 of the Texas Local Government Code may create and maintain a

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

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 Code|River authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government Code; municipality may sell its utility system to a

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

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 project|Contract with voters; representations and statements preceding election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project

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

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

Junior college districts, under Education Code chapter 130, junior college districts are \\"school districts\\" within the meaning of Texas Constitution article VII, section 3|Meaning of the term \\"school district\\" within context of Local Government Code subsection 395.022(b) concerning impact fees|School district|Junior college district|Under Education Code chapter 130, junior college districts are \\"school districts\\" within meaning of Texas Constitution article VII, section 3

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

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.

Solid waste disposal services, county authority to provide such services by contract or otherwise to persons in a municipality\\'s extraterritorial jurisdiction

City charter - only qualified voters of a city may vote in an election to amend a|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 its|Article XI, section 5 - Only Austin\\'s qualified voters may vote in an election to amend the Austin city charter under article 11, section 5.

Recall petition - standing of an individual officeholder who is the subject of, or a city, to file a declaratory action to establish the sufficiency of|Recall petition, individual officeholder who is the subject of, would generally have standing to file a declaratory action to establish the sufficiency of|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 requires|Recall petition, whether any particular city can establish standing to challenge the sufficiency of, is for a court to determine|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 requires

Ad valorem taxes, charter provision requiring voter approval before imposing|Municipal ad valorem taxes, charter provision requiring voter approval before imposing

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

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

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.

Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase would | Homestead exemption, municipality may not increase if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues | Increase homestead exemption, municipality may not if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues

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

Excess or surplus insurance coverage, municipality's purchase of is not exempt from competitive bidding requirements|Selection of "sole broker of record," municipality's selection of is not exempt from competitive bidding requirements|Municipality must use competitive bidding to purchase excess or surplus insurance coverage and to select "sole broker of record"

Firearms, municipal housing authority may not regulate tenants' legal possession of|Municipal housing authority may not adopt regulation providing for a tenant's eviction for the otherwise legal possession of a firearm|Regulation providing for a tenant's eviction for the otherwise legal possession of a firearm, municipal housing authority may not adopt

Forfeiture funds, law enforcement agency is generally authorized to determine the law-enforcement purposes for which funds are expended|Forfeiture funds, city council has only limited authority to determine how to expend

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

Independent school districts are not authorized to deposit funds in the demand accounts of savings and loan associations|Institutions of higher learning are not authorized to deposit funds in the demand accounts of savings and loan associations|Municipalities are not authorized to deposit funds in the demand accounts of savings and loan associations|Counties are not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, municipality not authorized to deposit funds in the demand accounts of savings and loan associations|Savings and loan associations, municipalities, counties, independent school districts, and institutions of higher learning are not authorized to deposit funds in the demand accounts of|Depository, institution of higher learning not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, county not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, school district not authorized to deposit funds in the demand accounts of savings and loan associations

Exemption from competitive bidding, municipalities may procure services through competitive bidding even if such services qualify for an|Auctioneering services, city may determine whether they are "professional services" exempt from competitive bidding requirements|Exemption, municipalities may procure service through competitive bidding even if such services qualify for an

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

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

Sales tax rate reduction may not be applied to bonds issued prior to date of election|Rate reduction on sales tax levied by city for industrial development corporation may not be applied to bonds issued prior to date of election

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

Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52|Municipal grants, cities authorized to offer a range of incentives for economic development, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, city may issue bonds to fund provided that bonds issued in accordance with municipal charter and approved by the voters

Nonprofit, no-share corporation, whether municipality may sponsor|City commissioner may serve as director of nonprofit, no-share corporation provided he or she receives no compensation or other remuneration|Nonprofit, no-share corporation, city commissioner may serve as director provided he or she receives no compensation or other remuneration

Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Investment in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Mutual funds holding only adjustable rate mortgages that obligate United States agencies, authority of certain public entities to invest in

Advisory board members are municipal officers for purposes of state law if they exercise a sovereign governmental function largely independent of the control of others|Additional sales and use tax, city may not use to finance homestead exemption|Sales and use tax, city may not adopt at a tax rate not expressly provided by statute|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 proposition

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

Park land, authority to convey to hospital district|Park land, conveyance by municipality to hospital district

Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same session|Minority business enterprises, municipal program to award public contracts to does not create an exemption to competitive bidding|Minority business enterprises, requirements for municipal program to award public contracts to

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

Capital improvements and impact fees, authority of municipality to contract to construct and charge within second municipality|Impact fees, authority of municipality to charge within another municipality|Impact fees for wastewater service, authority of municipality to charge within another municipality|Capital improvements plan, authority of municipality charging impact fee within second municipality to include area located in second municipality

Community development block grant funds, expenditure of subject to state competitive bidding laws|Community development block grant funds, municipality must expend in accordance with state competitive bidding laws|Competitive bidding laws apply to contract with nonprofit corporation for expenditure of municipality's community development block grant funds|Competitive bidding laws apply to expenditure of community development block grant funds

On-site sewage facilities, whether municipal authority to regulate is preempted by Natural Resource Conservation Commission|On-site sewage facilities, authority of Commission to regulate

Automated information systems, purchase by local governments through state catalogue purchasing procedure

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

Reannexation, prior annexation followed by disannexation does not preclude

Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting a new tax increment base|Reinvestment zone, whether city's loan to defunct reinvestment zone may be treated as "project cost" of successor|Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting new tax increment base|Reinvestment zone, authority of taxing unit to adjust tax increment base

Fiber optic cable, authority of city to install and operate with private company|Telecommunications services, agreement between city and private company jointly to provide to public prohibited

Hotel-motel tax revenues, whether city may spend on George Bush Library at Texas A&M University|George Bush Library at Texas A&M University, authority of city to spend hotel-motel tax revenues on|Hotel-motel tax revenues, authority of city to spend on George Bush Library at Texas A&M University

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

Consideration, state university's commitment to build campus on land conveyed by municipality would satisfy constitutional constraints on municipality's use of public funds|Municipal park land, municipality may not convey to University of Texas for less than fair market value|Municipal park land, authority of municipality to convey to University of Texas|Park land, authority of municipality to convey to University of Texas

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

Rules adopted by fire and police civil service commission, authority of city to approve, reject, or review

Houston City Council does not have oversight responsibilities over county-city authority, except to approve issuance of bonds and other obligations|Harris County-Houston Sports Authority, Houston City Council may not approve change order for authority's contracts or place restrictions on lease agreements negotiated by

Sports venue district composed of a county and municipality, municipal election not required provided voters of county gave their approval|Imposition of taxes for sports and community venue district, neither state nor federal constitutions require an election prior to|Harris County-Houston Sports Authority, municipal election was not required for creation of sports venue project provided voters of county approved project

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

Racetrack admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction|Admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction|Occupation tax, racetrack admission fee collected by Harris County to distribute to municipalities constitutes because municipalities have no authority to regulate racetrack outside their jurisdiction

Police department in exercise of own discretion may use forfeiture funds distributed to it pursuant to article 59.06 of Code of Criminal Procedure to purchase vehicles for law enforcement purposes|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 Procedure \r\n\r\n|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 Procedure

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

Highway|Privately-owned street within city boundaries, city may not enforce traffic laws on|Private streets, city may not use public funds to enforce traffic laws on|Privately-owned street, state and local traffic regulations not applicable on

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

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

Prevailing wage law does not apply to project undertaken by development corporation unless state or political subdivision is a party to the construction contract|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 contract

Consultation services contract with municipality, absent statutory authorization a county attorney in official capacity may not enter into|Ancillary legal services to county for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Professional Prosecutors Act, county attorney covered by may not contract in private capacity to provide consultation services to municipality for fee|Ancillary legal services for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Consultation services to municipality for fee, county attorney subject to Professional Prosecutors Act may not contract in private capacity to provide

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

Beach user fees charged by local governments, application of sales tax|Sales tax, application to beach user fees charged by local governments|Beach user fees, application of sales tax

Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of the Texas Constitution|Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of Texas Constitution

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 conventions

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 limitations|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 limitations\r\n|Development corporation may sell or lease project to city that established corporation, subject to certain limitations|Development corporation not subject to provisions governing land sales of political subdivisions but must ensure that property purchased with sales and use tax proceeds is sold for fair market value and its board must approve transaction in compliance wit

Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 of Texas Constitution|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 projects|Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52

Bond proceeds, use for legal fees for arbitration of construction contract|Arbitration expenses, use of bond proceeds for contract-related|Arbitration of construction contract, use of proceeds for legal fees for

Tax increment financing reinvestment zones, authority of municipality to use unexpended tax increment funds to build project outside of terminated zone

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

Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas Constitution|School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality of

Contract, whether mayor or city manager may bind city where city council has exclusive authority to enter into contracts on behalf of city|Estoppel against city in exercise of governmental function by unauthorized acts of city officers or employees|Governmental function|International bridge, construction by City of Eagle Pass

River authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect to|Upper Guadalupe River Authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, city may compel property owners within its jurisdiction to connect to system operated by river authority

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 Code

Continuing education for local law enforcement officers, funds allocated for may not be diverted to the general fund of a county or municipality|Funds allocated for continuing education of local law enforcement officers may not be diverted to the general fund of a county or municipality

Donation to school district, city may spend public funds only for a public purpose and a municipal purpose and may not make|City may spend public funds only for a public purpose and municipal purpose and may not donate funds to a school district

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

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 agreement

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

Municipal park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residents|Park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residents

Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|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)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member may not be reimbursed for attorney's fees to defend criminal prosecution for violating Open Meetings Act if he or she is convicted (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Revenues from city water system, placement in general fund (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)

Competitive proposals, statutory requirements regarding do not apply to competitive proposal process authorized by other law|Professional services exempt from competitive bidding, municipality has discretion to determine whether contract is for

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

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

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"

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

Validation of unconstitutional statute may be accomplished by adoption of constitutional provision that expressly or impliedly validates it or by reenactment of statute after constitution has been amended to authorize such legislation|Captured market value|Tax increment financing under Urban Renewal Law may be implemented by municipality only with the approval of the voters|Taxable value of property in school district as determined by Comptroller's study does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Taxable value of property in school district as determined by comptroller does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Urban Renewal Law's tax increment financing provisions were unconstitutional when adopted in 1977 but validated by reenactment in 1987

Park project not specifically approved at tax election, use of section 4B sales and use tax proceeds collected under Development Corporation Act of 1979 for|Development Corporation Act of 1979, use of section 4B sales and use tax proceeds for park project not specifically approved at tax election

First Responder|Medical care|Emergency medical services or First Responder services within the boundaries of a hospital district, municipality may expend tax funds to provide through its fire department|Emergency medical services and First Responder services are not medical care within hospital district's exclusive province|Emergency medical services or First Responder services, article IX, section 9 of Texas Constitution does not exclusively authorize a hospital district to provide

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

City council, member of council may not appoint himself to board of directors of crime control and prevention district|Crime control and prevention district, member of city council may not appoint himself to board of directors of

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

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 property|Development Corporation Act of 1979, section 4B sales and use tax, if election proposition authorizes use of proceeds for access road to undeveloped commercially zoned property|Access road to undeveloped commercially zoned property, use of sales and use tax collected under section 4B of Development Corporation Act of 1979 for

Development Corporation Act of 1979, section 4B sales and use tax election proposition approved in Gun Barrel City limits tax proceeds to projects that promote business development|Election proposition limits use of Development Corporation Act of 1979, section 4B sales and use tax collected in Gun Barrel City to business development projects|Project that does not promote business development, use of sales and use tax collected under section 4B of Development Corporation Act of 1979 for

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 System|Boards created on behalf of municipal water systems, statute applying conflict of interest provisions to is not retroactive and thus not applicable to San Antonio Water System

Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court order

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

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 c

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"

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 dissolution|Dissolution plan of economic development corporation created under article 5190.6, section 4A of the Revised Civil Statutes and dissolving following vote of electorate must be approved by creating unit

Right-of-way, water corporation may lay fixtures in county after notifying county but need not notify county before repairing existing fixtures; county may require water corporation to remove or relocate fixtures at corporation's expense|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 expense|Right-of-way, district that is water corporation subject to chapter 402 of the Local Government Code must obtain municipality's consent before laying water system fixtures through municipal, but must only notify county before laying fixtures in county; co

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

Minimum jail standards adopted by Commission on Jail Standards apply to municipal jail operated by private entity|Jail operated for municipality by private entity, minimum jail standards apply to|Private entity, municipal jail operated by must comply with minimum jail standards adopted by Commission

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.

Municipal hotel occupancy tax revenue may be used to repair a visitor information center owned and operated by a chamber of commerce if expenditures directly enhance and promote tourism and the convention and hotel industry as required by Tax Code section 351.101.

The operation of pawnshops is governed exclusively by state law. 

Municipal and county officials may not regulate or restrict the sale of firearms in a local disaster area.

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.

A county may call a bond election to fund improvements to city streets that are integral or a connecting link to the county’s roads or state highways.

Emergency powers granted by Government Code chapter do not authorize local governmental entities operating under a declared disaster to independently rewrite state law such as Property Code chapter 24 governing evictions.

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.

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

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.

Sections 212.0091 and 232.0026 of the Local Government Code require local jurisdictions to provide specific reasons and legal citations for denying or conditionally approving a plan or plat.

Chapter 351 of the Tax Code authorizes an expenditure of hotel occupancy tax revenue in the direct promotion of tourism and the convention and hotel industry, provided the expenditure is for one of the specified uses listed in the statute.  To the extent the particular agreement about which you ask expressly provides that the public space is intended to benefit the residents of the apartment complex and does not promote tourism and the convention and hotel industry, it does not satisfy section 351.101.  While it is ultimately a fact question, a court is unlikely to determine that the expenditure as described is an authorized expenditure of hotel occupancy tax revenue.

Ector County’s compliance with chapter 387 of the Local Government Code, regarding creation of a county assistance district

Use of public improvement district assessments in particular circumstances

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

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.

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.

Addressing the authority of a municipality to utilize a maintenance and operations tax increase authorized in an election under Tax Code section 26.07 for use other than on maintenance and operations.

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.

Addressing the calculation of average land value for each area or portion of an area designated by the municipality that is located in an appraisal district under Local Government Code section 212.209