i- The Attorney General of Texas June 6, 1984 JIM MAlTOX Attorney General Supreme Court Building Honorable Henry Wade Opinion No. JM-160 P. 0. Box 12546 Austin, TX. 78711. 2546 Criminal District Attorney 512/475-2501 601 Elm Street Re: Whether a regional air- Telex 9101674-1367 Dallas, Texas 75202 port board may enter into an Telecopier 51214750286 agreement with a municipality under article 999b, V.T.C.S. 714 Jackson. Suite 700 Dallas, TX. 75202.4506 Dear Mr. Wade: 2141742.6944 You have asked our opinion as to whether the Dallas-Fort Worth Regional Airport Board may enter into an agreement with the city of 4624 Alberta Ave.. Suite 160 El Paso, TX. 799052793 Dallas by which the airport would agree to provide the city with 9151533-3464 additional law enforcement officers under the interlocal assistance provisions of article 999b. V.T.C.S. -1 Texas, Suite 700 The cities of Dallas and Fort Worth created the airport board by uston, TX. 77002.3111 a joint agreement pursuant to article 46d-14, V.T.C.S. The agreement 113i2255666 defines the board's authority with respect to the employment of law enforcement officers in its paragraph 8f. Although the agreement 606 Broadway, Suite 312 empowers the board to employ a security force and to formulate airport Lubbock. TX. 79401.3479 regulations and define penalties for their violation, the governing 606/747-5236 bodies of the cities of Dallas and Fort Worth must approve all such board plans. 4309 N. Tenth, Suite S McAllen, TX. 76501-1685 Article 999b authorizes one county or municipality to provide law 512/662-4547 enforcement officers to another county or municipality in case the latter finds itself temporarily in need of additional officers. 200 Main Plaza, Suite 400 Section 1 of 9991, defines "municipality" as "any city or town, San Antonio, TX. 76205-2797 including home-rule city or a city operating under the general law or 51212254191 a special charter." Neither the airport nor its board is a county, and neither is a municipality as defined in article 999b. An Equal Opportunity/ Accordingly, it is our opinion that the airport board may not enter Affirmative Action Employer into any agreement with the city of Dallas under the provision of article 999b. We do not address in this opinion the authority of two or more cities to enter into the kind of agreement contemplated here. SUMMARY The Dallas-Fort Worth regional Airport Board may not enter into an agreement with the city of p. 705 Honorable Henry Wade - Page 2 (JM-160) -‘,, Dallas under the interlocal assistance provisions of article 999b. JIM MATTOX Attorney General of Texas TOM GREEN First Assistant Attorney General DAVID R. RICHARDS Executive Assistant Attorney General Prepared by Rick Gilpin Assistant Attorney General APPROVED: OPINION COMMITTEE Rick Gilpin, Chairman Susan Garrison Jim Moellinger Nancy Sutton p. 706