Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
JIM MATTOX
December 28. 1984
Attorney General
Supreme
CourtBuilding Aonorable U. A. Ewert. Jr. @iniOn No. J&279
P. 0. BOX 12S46 Kleberg County Attorney
Auslin.TX. 7671% 2546 P. 0. Box 1411 Re: Whether the city of Kings-
51214752591 Klngsville, Texas 78363 ville may designate tvo indi-
Telex 9101674.1367
viduals to perform the duties
Telecopier 51214750266
of city secretary
714 .h~k*on. Suite 700 Dear l4r. Evert:
Dallas. TX. 75202-4506
214/742.6944
Article 1000. V.T.C.S., imposes certain speciffed duties on the
city secretary of tL general law city. You inform us that Kingsville,
4624 AIberiaAre..SuiM180 a home-rule city. has. conferred by ordinance adopted pursuant to its
El Paso. TX. 7-2793 city charter many of the duties set forth in article 1000 on a
QlY6333464 position entitled Assistant City Manager for Management Services and
conferred other splrcified duties, in addition to the remaining duties
Jl Terns,Suite700 set forth in the statute, on a position entitled City Secretary. You
HousIon.
TX. 77002.3111 ask vhether Kingsvj.llc may so designate two employees to perform those
7131223B66 tasks vhich article 1000 imposes on -one-&y secretary. We conclude
that it can.
806Broadway.
Suite312 In Texas, provision is made for the governance of tvo types of
Lubbock. TX. 79401.3479
60817476236 municipalities, g’zneral law cities and home rule cities. See
generally. Commentary on the History, Status and Function of Title 28.
Cities, Towns and Villages, pages XIII to XXXVIII of Volume 2A.
4309 N. Tenth. Suilo B
V.T.C.S. General ‘Law cities are governed by articles 961 et seq. See
McAllm. TX. 76601.1665
51216&2.4647
Woolridge v. Folsom, 564 S.W.2d 471 (TM. Civ. App. - Dallas 197S.y
wit). They are creatures of statute and have no powers except those
expressly or implisdly granted by the statute creating them. city of
200kin Plaza.Suite400 Uvalde v. Uvalde Electric 6 Ice Co., 250 S.W. 140 (Tex. 1923); Dibrell
San Antonio. TX. 762052797
v. City of Colemar!, 172 S.W. 550 (‘Iex. Civ. App. - Austin 1915. writ
51212254191
ref’d). Article !li7. V.T.C.S creates the offices for general law
cities and includc:s. that of c;;y secretary. Article 1000, V.T.C.S..
An Equal Opponunityl sets forth the duti,es of the city secretary of a general law city.
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 the legislature could theretofore have
authorized them to do; accordingly, home rule cities look to the acts
of the legislature not for grants of power to such cities but only for
limitations on thl!:;r powers. City of Corpus Christi v. Continental
Honorable U. A. 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).
Article 1175, V.T.C.S., provides in pertinent part:
Cities adopting the charter or amendment hereunder
shall have full power of local self-government,
and 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
prescribing the rr 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