T~~~:ATTORNEYGENERAK. 

OF TEXAS 

AUSTIN. TCKAS 78711 

The Honorable Raul L. Longoria Opinion No. H- 936 

Chairman 

Special Committee on Border Trade Re: Authority of City 

& Tourism of Brownsville to construct 

Senate Chamber and maintain an interState Capitol national bridge. 

Austin, Texas 78701 

Dear Senator Longoria: 

At the request of the majority of.the members of the 

Senate Special Committee on Border Trade and Tourism, you 

have asked the following question: 

Does the City of Brownsville have legal 

authority to apply for and construct and 

maintain an international bridge across the 

Rio Grande River which connects the City of 

Brownsville with the Republic of Mexico? 

The city wishes to apply to the federal government for a 

permit to build the bridge. You have informed us that the 

question does not involve possible methods of financing the 

bridge, the requirements of any federal laws or any 

questions arising under state, federal or Mexican law concerning the proper means of negotiation between representatives 

of the Republic of Mexico and the State of Texas or its 

political subdivisions. Accordingly, our opinion does not 

address these issues. 

Brownsville is a home rule city, deriving its powers 

not from the Legislature, b,ut from article 11, section 5 of 

the Texas Constitution. Lower Colorado River Authorit 

City of -- San Marcos, 523 S.W.2d 641 643 (Tex. d)? It 

has full authority to do anything ;he Legislature could have 

authorized it to do, limited only by its charter, the 

Constitution, and general law. Id. at 643-44; Forwood v. 

City of Taylor, 214 S.W.2d 282, 286 (Tex. Sup. 1948). - 

p. 3855 
The Honorable Raul L. Longoria - page 2 (H-936) 

The Brownsville city charter does not include a provision 

expressly authorizing the city to build bridges. Nor has 

any ordinance on this subject been submitted to us. We 

believe, however, that the express powers found in the 

following provisions empower the city to pass an ordinance 

authorizing the construction and maintenance of an international bridge connecting Brownsville with Mexico: 

The City of Brownsville . . . may 

contract and be contracted with: may take, 

hold, purchase and acquire real estate or 

personal property within or without its 

boundaries, for any municipal purpose, 

governmental, proprietary or otherwise, 

in fee simple or lesser interest, title or 

estate, by purchase, gift, devise, lease or 

condemnation; and may sell, lease, hold, 

manage and control such property as its 

interests may require; and except as prohibited 

by the Constitution of Texas, or restricted 

by this Charter, shall exercise and enjoy all 

municipal powers, functions, rights, privileges, 

immunities and franchises of every name and 

nature, and be subject to all the duties and 

obligations now pertaining to or incumbent upon 

said City as a corporation. The enumeration 

of particular powers by this Charter shall 

not be held or deemed to be exclusive, but 

in addition to the powers enumerated therein 

or implied thereby, or appropriate to the 

exercise of such powers, it is intended that 

the City of Brownsville have, and may exercise, 

all powers which, under the Constitution of 

Texas, it would be competent for this 

Charter specifically to enumerate. . . . 

Amended Charter of the City of Brownsville, 

art. 2, § 1. 

The City of Brownsville shall have the 

power . . . to enact and enforce ordinances on 

any and all subjects, provided that no 

ordinance shall be enacted inconsistent 

with the provisions of this Charter or the 

General Laws or Constitution of the State 

of Texas. - Id. § 2. 

p. 3856 
. I 

The Honorable Raul L. Longoria - page 3 (H-936) 

. . . . 

The governing body of the City shall have 

the power and authority to appropriate so 

much of the general revenue of the City as may 

be necessary . . . for the purpose of making 

permanent public improvements, purchasing, 

erecting and constructing and maintaining public 

works and public utilities of every kind and 

such other public improvements as the governing 

body may, from time to time, deem expedient. . . . 

Id. art. 4, 5 1. 

. . . . 

The enumeration of powers made in this 

Charter shall never be construed to preclude, 

by implication or otherwise, the City from 

exercising the powers incident to the enjoyment 

of local self-government, nor to do any and all 

things not inhibited by the constitution and Laws 

of the State of Texas. Id. General Provisions, - 

5 1. 

See Zachry v. City of San Antonio, 296 S.W.2d 299 (Tex. Civ. 

APP. -- San Antonio 1956), aff'd 305 S.W.2d 558 (Tex. Sup. 

1957); Attorney General Opinion M-1023 (1971). Cf. Malott 

v. City of Brownsville, 292 S.W. 606 (Tex. Civ. w. -- San 

A'iitonio 1927),aff'd 298 S.W. 540 (Tex. Comm'n App. 1927, 

jdgmt adopted), aff'd as modified 300 S.W. 29 (Tex. Comm'n 

App. 1927, jdgmtadoptz). 

Brownsville has authority, under its charter, to build 

an international bridge. We note that authorization of the 

construction and operation of international bridges by 

political subdivisions in Texas is not unprecedented. For 

example, the Legislature has authorized any county bordering 

a river between Texas and Mexico to construct a toll bridge 

over the river. V.T.C.S. art. 6795c, S 1. Cf. Attorney 

General Opinion H-825 (1976). It has also authorized any 

city, including a home rule city, to purchase an international toll bridge within fifteen miles of its corporate 

limits. V.T.C.S. art. 1015g, S 1. A Texas court has found 

this provision not in violation of the constitutional 

p. 3857 
The Honorable Raul L. Longoria - page 4 (H-936) 

nrohibition asainst local or special laws and not an arbitrary 

and unreasonable grant of authority. Tex. Const. art. 3, § 

56; S"~lknsp~;oCl;~~g~fn~~~it::6 S.~.;~u;;4io~;~ Je;d ziv. 

APP. 

contract to purchase a bridge, even though it was entered 

into before the bridge was built. Article 1015g also 

authorizes cities to maintain, improve, and operate any 

bridge acquired under the Act. Section 2. A city may issue 

bonds to reconstruct or replace the bridge, or to build an 

additional bridge. V.T.C.S. art. 1015g, § 13(b); arts. 

1187a-1, 1187a-2. We believe that the Legislature which 

authorized counties to build international bridges and 

certain cities to buy, maintain, and replace them could also 

have authorized Brownsville to build and maintain an international bridge without violating the Constitution. 

The provision contained in the Brownsville charter is 

not inconsistent with any general law. The city's power to 

purchase a bridge under article 1015g does not imply that it 

lacks power to acquire a bridge by construction. Section 17 

of article 1015g provides that the powers conferred by the 

Act do not orevent the‘citv from exercisins other powers 

conferred __-.-_---- -~ bv anv --.~ other law. See also V.T.C.S. art- 1176; -- 

Cameron v. Cit 

APP . --Waco -YE758 

of Waco! 8 S.W.2d 249, 254 (Tex. Civ. 

I, no writ). The intent of the Legislature 

to-limit the power of a home rule city must appear with 

unmistakable clarity. 

S.W.2d 550 (Tex. Sup. ,~.~W%?~?&r%% 2:" 

legislative intent to limit the powers relevant to this 

project which appear in the Brownsville charter. We conclude 

that insofar as State law is concerned the City of Brownville 

may build and maintain an international bridge connecting 

the city with the Republic of Mexico. 

SUMMARY 

The City of Brownsville has authority 

under State law to construct and 

maintain an international bridge 

connecting the city with Mexico. 

We offer no opinion as to federal law, 

nor do we pass on any method of 

financing. 

Attorney General of Texas 

‘ii: 3858 
The Honorable Raul L. Longoria - page 5 (H-936) 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jwb 

p. 3859