Could a Texas home-rule city divide the statutory duties of a city secretary between two municipal employees?
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This page answers the general question as of 1984. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-279: Dividing City Secretary Duties
Plain-English summary
Kleberg County asked whether Kingsville could assign duties associated with one city secretary to two employees. The city's ordinance placed many of the duties described in article 1000 with an Assistant City Manager for Management Services and assigned the remaining statutory duties to a City Secretary. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
JM-279 concluded that Kingsville could divide the work. Article 1000 prescribed city-secretary duties for general-law cities, but Kingsville was a home-rule city and therefore was not governed by that provision. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
The opinion contrasted the two municipal forms. General-law cities possessed only powers granted expressly or by implication in statute, while home-rule cities held the full power of local self-government except where state law limited them. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Article 1175 expressly authorized a home-rule city to create offices and prescribe officers' qualifications, duties, compensation, and terms. Because the Kingsville ordinance was not inconsistent with state law, the city could assign the city-secretary duties to two people under its charter. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Currency note
This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Could Kingsville split city-secretary duties between two employees?
Yes. JM-279 concluded that the home-rule city could make that division by an ordinance adopted under its charter. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Did article 1000 require every Texas city to use one city secretary?
No. The opinion said article 1000 governed the city secretary of a general-law city and did not apply to Kingsville as a home-rule city. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
What was the difference between a general-law city and a home-rule city?
JM-279 described a general-law city as a creature of statute with only granted powers. It described a home-rule city as possessing full local self-government and looking to legislation for limits rather than grants of power. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
What authority allowed the city to prescribe municipal duties?
Article 1175 authorized a home-rule city to create offices and determine how officers were selected, along with their qualifications, duties, compensation, and terms. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Could a home-rule ordinance conflict with state law?
No. The opinion recognized that a home-rule charter or ordinance could not contain a provision inconsistent with the state's general laws, but it found no conflict in Kingsville's arrangement. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Background and statutory framework
Articles 961 et seq. governed general-law cities. Article 977 created municipal offices for those cities, including city secretary, and article 1000 prescribed that officer's duties. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Articles 1175 et seq. governed home-rule cities. Article 1175 granted full local self-government and specifically included authority over the creation of offices and the prescription of municipal officers' duties. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
The opinion applied the home-rule principle stated in City of Corpus Christi v. Continental Bus Systems, Inc.: a home-rule city looked to legislative acts for limitations on its power, not for affirmative grants. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Citations and references
- Articles 961 et seq., 977, 1000, and 1175, V.T.C.S.
- Woolridge v. Folsom, 564 S.W.2d 471 (Tex. Civ. App. - Dallas 1978, no writ)
- City of Uvalde v. Uvalde Electric & Ice Co., 250 S.W. 140 (Tex. 1923)
- Dibrell v. City of Coleman, 172 S.W. 550 (Tex. Civ. App. - Austin 1915, writ ref'd)
- City of Corpus Christi v. Continental Bus Systems, Inc., 445 S.W.2d 12 (Tex. Civ. App. - Austin 1969), writ ref'd n.r.e., 453 S.W.2d 470 (Tex. 1970)
- City of Corpus Christi v. Unitarian Church of Corpus Christi, 436 S.W.2d 923 (Tex. Civ. App. - Corpus Christi 1968, writ ref'd n.r.e.)
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0279
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0279.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
December 28, 1984
Honorable W. A. Ewert, Jr.
Kleberg County Attorney
P. O. Box 1411
Kingsville, Texas 78363
Opinion No. JM-279
Re: Whether the city of Kingsville may designate two individuals to perform the duties of city secretary
Dear Mr. Ewert:
Article 1000, V.T.C.S., imposes certain specified duties on the city secretary of a general law city. You inform us that Kingsville, a home-rule city, has conferred by ordinance adopted pursuant to its city charter many of the duties set forth in article 1000 on a position entitled Assistant City Manager for Management Services and conferred other specified duties, in addition to the remaining duties set forth in the statute, on a position entitled City Secretary. You ask whether Kingsville may so designate two employees to perform those tasks which article 1000 imposes on one city secretary. We conclude that it can.
In Texas, provision is made for the governance of two types of municipalities, general 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, V.T.C.S. General law cities are governed by articles 961 et seq. See Woolridge v. Folsom, 564 S.W.2d 471 (Tex. Civ. App. - Dallas 1978, no writ). They are creatures of statute and have no powers except those expressly or impliedly granted by the statute creating them. City of Uvalde v. Uvalde Electric & Ice Co., 250 S.W. 140 (Tex. 1923); Dibrell v. City of Coleman, 172 S.W. 550 (Tex. Civ. App. - Austin 1915, writ ref'd). Article 977, V.T.C.S., creates the offices for general law cities and includes that of city secretary. Article 1000, V.T.C.S., sets forth the duties of the city secretary of a general law city.
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 their powers. City of Corpus Christi v. Continental Bus Systems, Inc., 445 S.W.2d 12 (Tex. Civ. App. - Austin 1969), writ ref'd n.r.e., 453 S.W.2d 470 (Tex. 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 other powers that may be exercised by any such city the following are hereby enumerated for greater certainty:
- The creation of a commission, aldermanic or other form of government; the creation of offices, the manner and mode of selecting officers and prescribing their qualifications, duties, compensation and tenure of office.
No home rule charter or ordinance passed under the home rule statutes may contain any provision inconsistent with the general laws of the state. City of Corpus Christi v. Unitarian Church of Corpus Christi, 436 S.W.2d 923 (Tex. Civ. App. - Corpus Christi 1968, writ ref'd n.r.e.). In this instance, the Kingsville ordinance is not inconsistent with the law of the state. Article 1000 does not apply to a home rule city. Moreover, the ordinance is expressly authorized by article 1175. Accordingly, we conclude that the city may designate by ordinance adopted pursuant to its city charter that two individuals may perform the duties of the city secretary.
SUMMARY
Kingsville, a home rule city, may confer by ordinance adopted pursuant to its city charter the duties of city secretary on two individuals.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Jim Moellinger
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
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