April 30. 1987 

Bonorable Hugh Penner 

ChairF4ao 

cmmittee on Intergovernmental 

Relations 

Texas State Senate 

P. 0. Box 12068 

Austin, Texas 78711 

Dear Senator Parmer: 

opinion No. JM-686 

Re: Whether the mayor or city 

manager of a home-rule city is 

authorized to appoint and remove 

a public housing authority conmissioner 

As chairman of the Senate Committee on Intergovernmental Relations, you ask about a situation that has arisen in the city of San 

Benito which prompts the following question: 

With regard to a home rule city which has 

adopted a charter making the city manager chief 

executive and administrative head of a city, dues 

the city manager or does the mayor have the power 

to appoint and remove public housing authority 

commissioners governed by article 1269k of 

Vernon's Annotated Texas Statutes? 

Section 5 of article 1269k. V.T.C.S., provides that the mayor 

shall appoint the commissioners of the housing authority and section 7 

thereof provides that, "[f]or inefficiency or neglect of duty or 

misconduct in office, a commissioner of an authority may be removed by 

the mayor. . . ." 

Section 3(d) of article 1269k defines "mayor" as follows: 

'Mayor' shall mean the mayor of the city or the 

officer thereof charged with the duties 

customarily imposed on the mayor or executive head 

of the city. 

You have furnished us with relevant portions of the city charter 

of San Benito. We find the following pertinent to the issue you 

present. 

Article II. City Government 

p. 3177 
Eonorable Hugh Parmer - Page 2 (~~-686) 

Section 1 

The Mayor shall be the executive officer of the 

City and shall have direct charge of the Police, 

Sanitary and Fire Departments of the City, and 

general supervision over all departments, and 

officers of the City, provided that a City Manager 

may be appointed as provided in Article XXV of the 

Charter of the City of San Benito. . . . 

. . . . 

Article XXV. City Manager 

Section 1. Appointment 

At such time after the taking effect of this 

charter as the city commission shall see fit to do 

so, it may appoint a city manager, who shall be 

the administrative head of the municipal government and shall be responsible for the efficient 

administration of all departments. 

Section 2. Duties 

The city manager shall see that the laws and 

ordinances of the city are enforced. He shall 

appoint all appointive officers, except city 

attorney., and employees of the city, with advice 

and consent of the city commission, such appointments to be made upon merit and fitness alone and 

he may at will remove any officers or appointees 

appointed by him. He shall exercise control and 

supervision over all departments and offices that 

may be created by the city commission, and all 

officers and appointees appointed by him. . . . 

(Emphasis added). 

The information you furnish us reflects "The San Benito 

commission has elected to appoint a city manager and has operated the 

city for many years with a city manager as the executive head of the 

city." 

The city manager of San Benito is designated "as the administrative head of the municipal government" in section 1 of article XXV of 

the city charter. Section 2 of article XXV imposes upon the city 

manager such duties as appointing all appointive officers and 

employees except the city attorney, with advice and consent of the 

city commissioners. The city manager is vested with the 

p. 3178 

:. 
Honorable Hugh.Parmer - Page 3 (JM-686) 

responsibility of seeing that the laws and ordinances are enforced and 

the duty of exercising control and supervision over all departments 

and officers. In addition, the charter gives the city manager the 

authority to remove, at will. any persons appointed by him 

Section 3(d) of article 1269k. V.T.C.S., defines mayor as "the 

mayor of the city or the officer thereof charged with the duties 

customarily imposed on the mayor or executive head of the city." 

(Emphasis added). 

The powers and duties of a mayor depend on the statutes and the 

city charter and on the ordinances enacted pursuant to them. 52 Tax. 

Jur.3d Municipalities 9196 (1987). The mayor of a city has the power 

of supervision over every department of the city government. city of 

San Antonio v. Robert Thompson 6 Co., Inc.. 30 S.W.2d 339 (Tax. Civ. 

APP. - San Antonio 1930). dismissed as moot, 44 S.W.2d 972 (Tax. 

Comm'n App. 1932). 

It is our opinion that the charter of San Benito charges the city 

manager with "the duties cusromarily Imposed on the mayor or executive 

head of the city" so as to bring the city manager within the definition of mayor as that term is defined in section 3(d) of article 

1269k. We note that the city charter provides that appointments by 

the city manager are to be made with the "advice and con$ent of the 

city commission." 

SUMMARY 

The city manager of the city of San Benito is 

the official with the authority to appoint public 

housing authority commissioners governed by 

article 1269k. V.T.C.S. The city manager may 

remove public housing authority commissioners for 

'reasons stated in section 7 of article 1269k. 

JACK HIGETOWER 

JIM MA,TT 0 X 

Attorney General of Texas 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney-General 

p. 3179 
Honorable Hugh Parmer - Page 4 (JM-686) 

JUDGE ZOLLIE STEAKLET 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

p. 3180