Untitled Texas Attorney General Opinion

GENERAL
EXAS
Honorable J. D, Crow
County Attorney
.Hemphill County
Box 216
Canadian, Texas 79014
Opinion No. C-616
Ret Authority of county attorney
to bring removal proceedings
against the city attorney of
Dear Mr. Crow: a general law city.
You have requested our opinion concerning your au-.
thority to bring removal proceedings against a city attorney
of a city incorporated under the general laws of the State
of Texas.
Article 1006, Vernon's Civil Statutes, applicable to
general law cities, provides as follows:
"The city council shall have power to
remove any officer for incompetency, cor-
ruption, misconduct or malfeasance in of-
fice, after due notice and an opportunity
to be heard in his defense. The city coun-
cil shall also have power at any time to
remove any officer of the corporation elect-
ed by them, by resolution declaratory of its
want of confidence in said officer; provided
that two-thirds of the aldermen elected vote
in favor of said resolution."
In Attorney General's Opinion m-1398 (1962), it was
held that it was not the duty of the county attorney or dis-
trlct attorney to institute a suit for removal of an official
of the governing body of a city incorporated under the general
laws of Texas, We are not aware of any constitutional or statu-
tory provision authorizing either the county attorney, district
attorney or Attorney General to bring removal proceedings against
an official of a city incorporated under the general laws of the
State of Texas. Therefore, it is our opinion that the provisiosns
-2992-
Hon. J. D. Crow, page 2 (C-616)
of Article 1006, Vernon's Civil Statutes, is the exclusive
removal statute for city officials of general law cities.
You are therefore advised that you do not have author-
ity to bring removal proceedings against a city attorney of
a general law city. For a discussion of the powers of the
county attorney and Attorney General to institute ouster pro-
ceedings, see Garcia v. Laughlin, 1 5 Tex. 261, 28 S.W.2d
;z; (1956), and State v. .Harney,16 2 S.W.2d 55 (19.? 2), error
., w.0.m.
In view of our answer, we are not authorized to ad-
vise you as to whether a city attorney appointed pursuant
to the provisions of Article 977, Vernon's Civil Statutes,
is an officer within the meaning of Article 988, Vernon's
Civil~Statutes, nor other related questions, in view of the
provisions of Article 4399, Vernon's Civil Statutes.
SUMMARY
A county attorney is not authorized to bring
ouster proceedings against a city attorney of
a city incorporated under the general laws of
the State of Texas.
Very truly yours,
WAGGONER CARR
Attorney General
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Malcolm Quick
Phillip Crawford
Gordon Houser
Pat Bailey
APPROVED FOR TBE ATTORREY GENERAL
By: T. B Wright
-2993-