Texas Attorney General Opinion: MW-424 Page: 1 of 4
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The Attorney General of Texas
January 14, 1982MARK WHITE
Attorney GeneralSupreme Court Building
P. O. Box 12548
Austin, TX. 78711
512/475-2501
Telex 9101874-1367
Telecopier 512/475-0266
1607 Main St., Suite 1400
Dallas, TX. 75201
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002
713/650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401
806/747-5238
4309 N. Tenth, Suite B
McAIlen, TX. 78501
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205
5121225-4191
An Equal Opportunity/
Affirmative Action EmployerHonorable Neal Pfeiffer
Criminal District Attorney
Bastrop County
P. O. Box 753
Bastrop, Texas 78602Opinion No. MW-424
Re: Provision of street
cleaning services by a general
law city and assessment of
fees thereforDear Mr. Pfeiffer:
You request our opinion as to whether a city incorporated under
the general law statutes of the state of Texas can provide street
cleaning services and charge fees therefor. Additionally, you request
an opinion as to whether such a city can charge such fees to all
residents, when the street cleaning services are restricted to the
downtown area of the city.
The city of Elgin, Texas, proposes to provide a street cleaning
service for the downtown area only and charge fees to all residents
for such service.
With respect to your first question, general law cities have only
such powers as are granted by statute or by necessary implication
therefrom. See Payne v. Massey, 196 S.W.2d 493, 495 (Tex. 1946);
Attorney General Opinion H-796 (1976). This is in contrast to the
broad powers of home rule cities, which may exercise any power
incorporated in their charters that is not denied by the constitution
or by statute. V.T.C.S. art. 1176.
General law cities have "...exclusive control and power over the
streets ... of the city ... to ... clean and otherwise improve said
streets..." V.T.C.S. art. 1016. However, no statutory authority for
general law cities to charge fees for such service obtains unless such
provision is found in article 4477-8, section 13, V.T.C.S.
Section 13 states in pertinent part:
Any public agency or any county may offer solid
waste disposal service to persons within its
boundaries, may require the use of such service by
any or all such persons, may charge fees therefor,
and may establish said service as a utilityp. 1444
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-424, text, January 14, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272269/m1/1/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.