JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12S46 

Auslin. TX. 7671% 2546 

51214752591 

Telex 9101674.1367 

Telecopier 51214750266 

714 .h~k*on. Suite 700 

Dallas. TX. 75202-4506 

214/742.6944 

4624 AIberia Are.. SuiM 180 

El Paso. TX. 7-2793 

QlY6333464 

Jl Terns, Suite 700 

HousIon. TX. 77002.3111 

7131223B66 

806 Broadway. Suite 312 

Lubbock. TX. 79401.3479 

60817476236 

4309 N. Tenth. Suilo B 

McAllm. TX. 76601.1665 

51216&2.4647 

200 kin Plaza. Suite 400 

San Antonio. TX. 762052797 

51212254191 

An Equal Opponunityl 

Allirmalive Action Employer 

The Attorney General of Texas 

December 28. 1984 

Aonorable U. A. Ewert. Jr. 

Kleberg County Attorney 

P. 0. Box 1411 

Klngsville, Texas 78363 

@iniOn No. J&279 

Re: Whether the city of Kingsville may designate tvo individuals to perform the duties 

of city secretary 

Dear l4r. Evert: 

Article 1000. V.T.C.S., imposes certain speciffed duties on the 

city secretary of tL 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 splrcified duties, in addition to the remaining duties 

set forth in the statute, on a position entitled City Secretary. You 

ask vhether Kingsvj.llc may so designate two employees to perform those 

tasks vhich article 1000 imposes on one-&y secretary. We conclude 

- 

that it can. 

In Texas, provision is made for the governance of tvo types of 

municipalities, g’zneral 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 (TM. Civ. App. - Dallas 197S.y 

wit). They are creatures of statute and have no powers except those 

expressly or implisdly granted by the statute creating them. city of 

Uvalde v. Uvalde Electric 6 Ice Co., 250 S.W. 140 (Tex. 1923); Dibrell 

v. City of Colemar!, 172 S.W. 550 (‘Iex. Civ. App. - Austin 1915. writ 

ref’d). Article !li7. V.T.C.S creates the offices for general law 

cities and includc:s. that of c;;y secretary. Article 1000, V.T.C.S.. 

sets forth the duti,es 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 thl!:;r powers. City of Corpus Christi v. Continental 
Honorable U. A. Evert, Jr. - Pager 2 (311-279) 

Bus Systems, Inc., 445 S.W.2tl 12 (Tex. Civ. App. - Austin 1969). writ 

ref’d n.r.e. 453 S.W.Zd 470 (Ter. 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 otht,r povers that may be exercised 

by any such cit,y the following are hereby 

enumerated for Rreater certainty: 

1. The creation of a commission, aldermanic or 

other form of gove’mment; the creation of offices, 

the manner and made of selecting officers and 

prescribing the rr qualifications, 

compensation and t$re of office. 

duties,, 

No home rule charter or ordinance passed under the home rule statutes 

may contain any provision inconsistent with the general lavs of the 

state. City of Corpus Chrir<i v. Unitarian Church of Corpus Christi, 

436 S.P.2d 923 (Tex. Civ. App. - Corpus Christ1 1968. writ raf’d 

n.r.e.). In this instance; the Kingsville ordinance is not 

inconsistent with the law csf the state. Article 1000 does not apply 

to a home rule city. Moreowr, 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 swretary on two individuals. 

-J IM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney! General 

p. 1236 
. 

Honorable W. A. gvert. Jr. - page 3 (J&279) 

RICK GILPIN 

Chairman, Opinion Comittee 

Prepared by Jim Noellinger 

Assistant Attorney~General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairmsa 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs