Case Information
*1 The Attorney General of Texas December 28. 1984 JIM MATTOX
Attorney General Aonorable U. A. Ewert. Jr. No. J&279
Supreme Court Building @iniOn Kleberg County Attorney P. 0. BOX 12S46 Auslin. TX. 7671% 2546 city of Kings- P. 0. Box 1411 Re: Whether [51214752591] Telex 9101674.1367 Telecopier 51214750266 Klngsville, Texas 78363 ville may designate viduals of city secretary to perform the duties tvo indi- Dear l4r. Evert: 714 .h~k*on. Suite 700 Dallas. TX. 75202-4506 214/742.6944 imposes certain speciffed duties on the Article 1000. V.T.C.S.,
city secretary of tL general law city. You inform us that Kingsville, [4624] AIberia Are.. SuiM [180] El Paso. TX. 7-2793 QlY6333464 city a home-rule city. has. conferred by ordinance adopted pursuant position conferred the duties of charter many entitled Assistant City Manager other splrcified duties, the remaining duties to in addition set forth Services and Management for in article 1000 on a to its entitled City Secretary. set forth in the statute, on a position You Jl Terns, Suite 700 ask vhether Kingsvj.llc may so designate two employees to perform those HousIon. TX. 77002.3111 tasks vhich article 1000 imposes on one-&y secretary. We conclude 7131223B66 - that it can. 806 Broadway. Suite 312 Lubbock. TX. 79401.3479 [60817476236]
municipalities, generally. In Texas, provision on Commentary History, Status and Function of Title 28. g’zneral is made for law cities the governance of tvo types of home rule cities. See Towns and Villages, pages XIII to XXXVIII of Volume 2A.
Cities, 4309 N. Tenth. Suilo B V.T.C.S. General ‘Law cities are governed by articles 961 et seq. See McAllm. TX. 76601.1665 Woolridge v. Folsom, 564 S.W.2d 471 (TM. Civ. App. - Dallas 197S.y 51216&2.4647 wit). They are creatures of statute and have no powers except those kin Plaza. Suite 400 200 San Antonio. TX. 762052797 [51212254191] City Uvalde v. Uvalde Electric v. 172 S.W. 550 of Colemar!, expressly ref’d). or implisdly granted by the statute !li7. V.T.C.S 6 Ice Co., 250 S.W. 140 (Tex. 1923); Dibrell creates - Austin 1915. writ (‘Iex. Civ. App. the offices creating for general them. city of law
cities and includc:s. that of c;;y secretary. 1000, V.T.C.S.. sets forth duti,es of the city secretary of a general law city. An Equal Opponunityl Allirmalive Action Employer
Home rule cities are governed by articles 1175 et seq. and have the full power of self-government. In other words, they have full authority to do anything legislature could theretofore authorized them to do; accordingly, home rule cities look to the acts not for grants of power to such cities but only for of the legislature limitations thl!:;r powers. City of Corpus Christi v. Continental *2 Honorable U. Evert, Jr. - Pager 2 (311-279)
Bus Systems, Inc., 445 S.W.2tl 12 (Tex. Civ. App. - Austin 1969). writ ref’d n.r.e. 453 S.W.Zd 470 (Ter. 1970). provides in pertinent part: 1175, V.T.C.S.,
Cities adopting the charter or amendment hereunder shall full power of local self-government, among the otht,r povers that may be exercised by any such cit,y the following are hereby enumerated for Rreater certainty:
1. The creation of a commission, aldermanic or other form of gove’mment; the creation of offices, the manner and made of selecting officers and the rr prescribing qualifications, duties,, compensation and t$re of office.
No home rule charter or ordinance passed under the home rule statutes may contain any provision inconsistent with the general lavs of the state. City of Corpus Chrir<i v. Unitarian Church of Corpus Christi, 436 S.P.2d 923 (Tex. Civ. App. - Corpus Christ1 1968. writ raf’d n.r.e.). In this instance; the Kingsville ordinance is not inconsistent with the law csf the state. 1000 does not apply to a home rule city. Moreowr, ordinance is expressly authorized by article 1175. Accordingly, we conclude city may designate that by ordinance adopted pursuant to its city charter that two individuals may perform the duties of city secretary.
SUMMARY Kingsville. a home rule city, may confer by ordinance adopted pursuant to its city charter duties of city swretary two individuals.
-J IM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney! General
p. 1236
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Honorable W. gvert. Jr. - page 3 (J&279)
RICK GILPIN
Chairman, Opinion Comittee
Prepared by Jim Noellinger
Assistant Attorney~General
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairmsa
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs