Untitled Texas Attorney General Opinion, GA-0962

Home-rule municipalities derive power from Texas Constitution, not statutes.
Absolutes on alcohol regulation are generally governed by Alcoholic Beverage Code; preemption limits local regulation.
Code 109.57(b) preempts stricter local standards; 109.57(a) restricts local regulation without authorization.
Section 109.33(a)(2) allows 1,000-foot prohibition if a school district requests under 38.007 and the district is largely inside a municipality of 900,000+ population.
Section 38.007(b) allows a district to seek a 1,000-foot zone under 109.33 only when a majority area of the district lies in a qualifying municipality.
No authority exists for home-rule municipalities to impose 1,000-foot zones absent the district’s petition under the stated conditions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Alcoholic Beverage Code authorizes 1,000-foot ban	N/A	N/A	Not authorized unless district petition under 38.007(b) and population trigger

Dallas Merchs. & Concessionaire's Ass'n v. City of Dallas, 852 S.W.2d 489 (Tex. 1993) (preempts local sale-location restrictions under most circumstances)
City of Galveston v. State, 217 S.W.3d 466 (Tex. 2007) (home-rule municipalities derive power from constitution; legislature may limit)
Lower Colo. River Auth. v. City of San Marcos, 523 S.W.2d 641 (Tex. 1975) (limitations on municipal authority to regulate based on statutes)
Mesquite Indep. Sch. Dist. v. Gross, 67 S.W.2d 242 (Tex. 1934) (school district authority limited to expressly granted powers)
City of Dallas v. Dallas Merch. & Concessionaire's Ass'n, ? () (relation to 109.33 and 38.007 interplay)