Untitled Texas Attorney General Opinion

The Attorney General of Texas
July 22, 1986
JIM MATTOX
Attorney General
Supreme Court Building Honorable Jim Mapel opinion NO. .x+527
P. 0. Box 12546
Criminal District A1:t:ornev
Austin. TX. 7671% 2546
512/47&2501 Brazoria County Courthouse US: Whether the mayor of a chapter
Telex 9101674-1367 Angleton, Texas 7?515 11 village is authorized to veto an
Telecopier 512/476-0266 ordinance or resolution adopted by
the board of aldermen
714 Jackson, Suite 700
Dallas, TX. 752024506 Dear Mr. Mapel:
21417424944
You have asked whether the mayor of a village organized pursuant
to chapter 11 of T::1:le28, V.T.C.S., has the authority to "veto" an
4624 Alberta Ave., Suite 160
El Paso, TX. 799052793
ordinance or resolution adopted by the board of aldermen. See
915153~3464 V.T.C.S. arts. 1133,-1153. You inform us that the village in quest=
was organized pursuant to chapter 11, and that the board of aldermen
of the village has never adopted the provisions of chapter 1 through
-1 Texas, Suite 7W 10 of Title 28, V.T.C.S. You also inform us that in the past the
Mon. TX. 77002.3111
mayor of the villasa has utilized article 997. V.T.C.S., to "veto"
~,13/223-5a66
ordinances or resolntzionsduly adopted by the board of aldermen.
606 Broadway. Suite 312 As a preliminary matter, municipal corporations within this state
Lubbock. TX. 79401.3479 are one of three types. Those municipal corporations organized under
006/747-5236
chapters 1 through 10 or chapter 11 of Title 28 are "general law
cities" as distinguished from "home rule" cities that are organized
4303 N. Tenth. Suite B pursuant to article: XI, section 5, of the Texas Constitution. See
McAllen. TX. 76501-1665 Attorney General Opinion JM-169 (1984). Villages incorporated un=
51216824547 chapter 11 have fmowers more limited than those organized under
chapters 1 through 'LO. -
Id.
200 Main Plaza. Suite 400
San Antonio, TX. 762052797 General law cities can exercise only those powers that are
51212254191 expressly or impliedly conferred by law, and such power will be
implied only when such power is reasonably incident to those expressly
An Equal Opportunity/
aranted or is essenl::,al
to the obiect and ourooses of the coruoration.
Affirmative Action Employer see City of West Lake Hills v. Westwood Legal-Defense Fund, 548 S.W.2d
681, 683 (Tex. Ci;. App. - Waco 1980, no writ). Article 997,
V.T.C.S., which authorizes a mayor to "Veto" resolutions and
ordinances adopted b:y a city council, is found in chapter 3 of Title
28. -See V.T.C.S. ax. 997.
Although chaptw: 11 authorizes the adoption of chapters 1 through
10, see V.T.C.S. art. 961, you have informed us that the village in
ques& has not done so. Article 997 does not authorize the mayor of
p. 2426
Honorable Jim Mapel - Page 2. (JM-527)
a chapter 11 village to "vc!to"resolutions and ordinances adopted by
the board of aldermen. C'lapter 11 of Title 28 is devoid of any
provision which expressly cmr impliedly confers such "veto" power on
the mayor. Consequently, 'we conclude that the mayor of a village
organized pursuant to chapter 11 of Title 28, V.T.C.S., does not have
the authority to "veto" r~zsolutions and ordinances adopted by the
board of aldermen. This conclusion is consistent with Attorney
General Opinion MW-394 (1981.). In that opinion, this office held that
a town organized pursuant t'>chapter 11 of Title 28, V.T.C.S., cannot
utilize articles 998, 999, 999a. of chapter 3 of Title 28, without
following the prerequisites of article 961. See generally Attorney
General Opinion MW-394 (198:.).
SUMMARY
The mayor of a village organized pursuant to
chapter 11 of Titla 28, V.T.C.S., may not utilize
article 997, V.T.C.S., to "veto" resolutions and
ordinances adopted by the board of aldermen.
J w
Very truly yours
k
JIM MATTOX
Attorney General of Texas
JACK HIGHTOWER
First Assistant Attorney Ge:wral
MARY KELLER
Executive Assistant Attorn=:{General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tony Guillory
Assistant Attorney General
p. 2427