ATTORNEY GENERAL OF TEXAS 

GREG ABBOTT 

September 12, 2005 

The Honorable Jeri Yenne 

Brazoria County Criminal District Attorney 

111 East Locust Street 

Angleton, Texas 775 15 

Opinion No. GA-03 5 6 

Re: Retroactive application of municipal term 

limit provisions (RQ-0327-GA) 

Dear Ms. Yenne: 

On behalf of the Alvin City Attorney, you ask whether the term limit provisions of the Alvin 

City Charter apply to combined service as city council member and mayor.’ You have submitted the 

Alvin City Attorney’s letter on this matter.* 

You received a letter from a citizen of Alvin asking about the application of the term limit 

provisions to the current mayor and forwarded it to the City Attorney for Alvin. See Request Letter, 

supra note 1, at 1. The Alvin City Attorney subsequently reviewed records of past city charter 

revisions and interviewed members of the 200 1 Charter Review Commission and other city officials 

who attended Commission meetings. See id. at 2. She concluded that the city council “intended that 

the term limit of an individual running for the elected office of Mayor was separate and exclusive 

of any time served on the Council.” Katz Letter, supra note 2, at 2. 

The Alvin City Attorney has forwarded the following questions to you, asking that you 

request an attorney general opinion addressing them: 

1. Do term limits apply to combined terms of councilmember 

and mayoral service? 

2. Are council District and At-Large positions considered 

separate offices for term limit considerations? 

‘Letter from Honorable Jeri Yenne, Brazoria County Criminal District Attorney, to Honorable Greg Abbott, 

Texas Attorney General (Mar. 15,2005) (on file with Opinion Committee, also avadable at http://www.oag.state.tx.us) 

[hereinafter Request Letter]. 

2Letter from Bobbi J. Katz, Alvin City Attorney, to Mr. Jim Wiginton, Chief-Civil Division, Brazoria County 

Attorney’s Office (Feb. 21, 2005) (attachment to Request Letter, Exhibit A) [hereinafter Katz Letter]. 
The Honorable Jeri Yenne - Page 2 (GA-0356) 

3. What is the retroactive application of the term limit 

provision? Does the 8 year term limit that became effective 

May 2002 upon adoption of the charter revisions apply to 

future service only? 

Request Letter, supra note 1, at 2 (emphasis omitted). See also Katz Letter, supra note 2, at 1. Your 

letter provides your analysis of and conclusions to these questions. See Request Letter, supra note 

1, at 3-6. 

This office does not construe city charters unless the charter provision raises a question of 

federal or state law. See Tex. Att’y Gen. Op. Nos. GA-0226 (2004) at 3, GA-0130 (2003) at 3, 

GA-0068 (2003) at 2 n.2, JC-0143 (1999) at 3, JM-805 (1987) at 1 n. 1 (this office does not 

ordinarily construe city charters, in deference to municipal officials), H- 10 14 ( 1977) (applicability 

of city charter provisions to contract with county is to be determined by contracting parties). See 

also Tex. Att’y Gen. Op. Nos. GA-0110 (2003) ( considering whether home-rule ordinance is 

consistent with state statute); GA-0068 (2003) ( considering whether ethics ordinance proposed for 

adoption by home-rule city is consistent with federal and state law). This office has issued opinion 

request procedures stating that “[qluestions involving cities, independent school districts, or others 

not specified in Sections 402.041-402.045 of the Government Code should be submitted by a 

statutorily authorized requestor only if they concern subject matter covered by the jurisdiction and 

duties of the office submitting the request.” ATTORNEY GENERAL OF TEXAS, OPINION REQUEST 

PROCEDURES: How TO REQUEST AN OPINION.~ 

Thus, we decline to answer the questions asking for an interpretation of city charter 

provisions. However, in connection with question three you raise a question of state law: whether 

term limits may be applied retroactively. Request Letter, supra note 1, at 4. We will address this 

question. 

Article I, section 16 of the Texas Constitution provides that “[n]o bill of attainder, ex post 

facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.” See TEX. 

CONST. art. I, $ 16. This provision applies to charter provisions and ordinances adopted by cities. 

See Coffee v. Castleberry, 258 S.W. 889, 892 (Tex. Civ. App.-Amarillo 1924), judge ‘t reformed 

on other grounds and aff’d, 272 SW. 767 (Tex. Comm. App. 1925). It prohibits retroactive laws 

only to the extent they “destroy or impair rights which had become vested.” See Subaru of Am. v. 

David McDavid Nissan, Inc., 84 S.W.3d 212, 220 (Tex. 2002); Corpus Christi People’s Baptist 

Church, Inc. v. Nueces County Appraisal Dist., 904 S.W.2d 621,626 (Tex. 1995); Merchant’s Fast 

Motor Lines, Inc. v. R.R. Comm ‘n, 573 S.W.2d 502,504 (Tex. 1978); Deacon v. City ofEuless, 405 

S.W.2d 59, 62 (Tex. 1966); McCain v. Yost, 284 S.W.2d 898, 900 (Tex. 1955). Thus a law is 

not invalid even though retroactive in operation unless vested rights are destroyed or impaired. 

Corpus Christi People’s Baptist Church, 904 S.W.2d at 626; Tex. Att’y Gen. Op. No. GA-0149 

(2004) at 5-6. 

3AvailabZe at http://www.oag.state.tx.us/opinopen/opin-request~roc.sh~. 
The Honorable Jeri Yenne - Page 3 (GA-0356) 

The legislature may enact a statute shortening an incumbent officer’s term and apply it to 

persons in office when the act becomes effective, as long as the Texas Constitution does not fix the 

term of office. See Popham v. Patterson, 51 S.W.2d 680,683 (Tex. 1932). See also TEX. CONST. 

art. IV, 5 4 (establishing four-year term of office for governor); id. art. V, 8 18 (establishing four-year 

term for justices of the peace and constable; providing that each justice and constable in office when 

precinct boundaries are changed shall serve out term). The Alvin City Charter sets the terms of 

office for the mayor and city council members. See ALVIN, TEX., CITY CHARTER art. II, 5 1 (2002) 

(attachment to Request Letter, Exhibit C). 

A public officer has no vested right in the office he holds,4 and the legislature may reduce 

his term of service or abolish the office entirely. See Tarrant County v. Ashmore, 635 S.W.2d 417, 

422 (Tex. 1982) (public officer’s qualified interest in office is neither property nor a vested right); 

Tex. Att’y Gen. Op. Nos. JM-1233 (1990) at 3 (member of State Board of Pharmacy has no vested 

right to his position); JM-23 5 (1984) at 3 (school board may establish single-member trustee districts 

pursuant to statute, even though terms of some incumbent trustees will be shortened); H-955 (1977) 

at 4 (absent legislative direction, state agency board that established chair’s term of office by 

resolution may reduce terrn and apply change to present chair). 

In Attorney General Opinion JM- 1233, this office construed a term limit provision applicable 

to members of the Texas State Board of Pharmacy, determining that the term limit provision applied 

to service performed before the statute’s effective date. See Tex. Att’y Gen. Op. No. JM-1233 

(1990) at 2-3. It found that the statute was not retroactive, noting that “the legislature could have 

even reduced. . . [the board member’s] present term of service or abolished the office entirely.” Id. 

at 3 (citing Attorney General Opinions JM-235 (1984) and H-955 (1977)). See also Tex. Att’y Gen. 

Op. No. DM-493 (1998) at 3-4 (statute shortening term of incumbent does not violate constitutional 

provision against retroactive laws). If a city charter term limit provision applies to service as a city 

officer prior to its adoption, it does not impair a vested right and therefore is not a “retroactive law” 

prohibited by article I, section 16. 

4A public officer may have a financial or property interest in his office that a court will protect against private 

interference, for example in an election contest. See Tarrant County v. Ashmore, 635 S.W.2d 417,422 (Tex. 1982). 
The Honorable Jeri Yenne - Page 4 (GA-0356) 

SUMMARY 

An opinion of the Attorney General will not construe city 

charters unless the charter provision raises a question of state or 

federal law. If a city charter term limit provision applies to service as 

a city officer prior to its adoption, it does not impair a vested right 

and therefore is not a “retroactive law” prohibited by article I, section 

16 of the Texas Constitution. 

Very truly yours, 

BARRY R. MCBEE 

First Assistant Attorney General 

NANCY S. FULLER 

Chair, Opinion Committee 

Susan L. Garrison 

Assistant Attorney General, Opinion Committee