## 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 andmaintain an interState Capitol national bridge. Austin, Texas 78701

Dear Senator Longoria:

At the request of themajority 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 ofMexico?
The citywishes toapply to the federal government for a permit tobuild thebridge. You have informed us that the question does not involve possible methods of financing the bridge, the requirements of any federal lawsor any questions arising under state, federal orMexican law concerning theproper means of negotiation between representatives of theRepublic ofMexico and the State of Texas or its political subdivisions. Accordingly, our opinion does not address these issues.
Brownsville is ahome rule city, deriving itspowers not from the Legislature, b,utfrom article 11, section 5of the Texas Constitution. Lower Colorado River Authorit City of SanMarcos, 523 S.W.2d 641 643 (Tex. d)? It -- has full authority to do anything ;he Legislature could have authorized it todo, 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.3855The Honorable Raul L. Longoria -page 2 (H-936)

The Brownsville city charter does not include aprovision expressly authorizing the city tobuild 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 topass an ordinance authorizing the construction andmaintenance 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 orwithout its boundaries, for anymunicipal purpose, governmental, proprietary or otherwise, in fee simple or lesser interest, title or estate, by purchase, gift, devise, lease or condemnation; andmay sell, lease, hold, manage and control such property as its interests may require; and except asprohibited 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 toor incumbent upon said City as a corporation. The enumeration of particular powers by this Charter shall not be held or deemed tobe exclusive, but in addition to thepowers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of Brownsville have, andmay exercise, allpowers which, under the Constitution of Texas, itwould 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 theprovisions 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 thegeneral revenue of the City asmay be necessary . . .for thepurpose ofmaking permanent public improvements, purchasing, erecting and constructing andmaintaining 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 ofpowers made in this Charter shall never be construed topreclude, by implication orotherwise, the City from exercising thepowers 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 Zachryv. City of SanAntonio, 296 S.W.2d 299 (Tex.Civ. APP. -- SanAntonio 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 asmodified 300 S.W. 29 (Tex.Comm'n App. 1927, jdgmtadoptz).
Brownsville has authority, under its charter, tobuild an international bridge. We note that authorization of the construction and operation of international bridges by political subdivisions inTexas is not unprecedented. For example, the Legislature has authorized any county bordering a river between Texas andMexico to construct a toll bridge over the river. V.T.C.S. art. 6795c, S 1. Cf. Attorney General Opinion H-825 (1976). Ithas also authorized any city, including ahome rule city, topurchase an international toll bridge within fifteen miles of its corporate limits. V.T.C.S. art. 1015g, S1. A Texas court has found this provision not inviolation of the constitutional

p.3857The 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 topurchase abridge, even though itwas entered into before thebridge was built. Article 1015g also authorizes cities tomaintain, improve, and operate any bridge acquired under theAct. Section 2. A citymay issue bonds to reconstruct or replace thebridge, or tobuild an additional bridge. V.T.C.S. art. 1015g, § 13(b); arts. 1187a-1, 1187a-2. We believe that the Legislature which authorized counties tobuild international bridges and certain cities tobuy,maintain, and replace them could also have authorized Brownsville tobuild andmaintain 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 abridge under article 1015g does not imply that it lacks power to acquire abridge by construction. Section 17 of article 1015g provides that thepowers 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

. -YE758 --Waco ofWaco! 8S.W.2d 249, 254 (Tex.Civ.

I,nowrit). The intent of the Legislature to-limit thepower of ahome rule citymust appear with unmistakable clarity. S.W.2d 550 (Tex.Sup. ,~.~W%?~?&r%% 2:" legislative intent to limit thepowers 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 andmaintain an international bridge connecting the citywith the Republic of Mexico.

SUMMARY
The City of Brownsville has authority under State law to construct and maintain an international bridge connecting the citywith Mexico. We offer no opinion as to federal law, nor dowe pass on anymethod of financing.

Attorney General of Texas



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

C. ROBERT HEATH, Chairman Opinion Committee jwb

p.3859