JIM MAl-rOX 

Attorney General 

supmIll court BulknmJ 

P. 0. Box 12546 

Au~lln. TX. 16711-2548 

51214752501 

T&X 01om74-IS7 

Telecopter 512l475.0255 

714 Jackson. Sulle 700 

Dalla5. TX. 75202.45W 

214f742.8944 

4524 *Ibetl~ Ave.. Suite 160 

El Pmo, TX. 79005-2703 

91- 

tmi Texas. suits 700 

nou*ton. TX. 770025111 

71- 

606 Broadway. S@te 312 

Lubbock, TX. 70401a479 

Mw747.3235 

UQO N. Tenth. SuIta B 

McAltul, TX. 76501.1665 

5126524547 

200 M&l Ptua. BIBIt* 400 

San Antonlo, TX. 78205cm7 

512/225.4191 

An Equal opportunttyl 

Afflrmattw Action Empbyw 

The Attorn.ey General of Texas 

tionorable Micbsel 

CrMnsl District 

Gslvcston county 

.__ - 

June 18. 1984 

J. Gu.rino 

Attorney 

Opinion No. .rt+169 

ik: Whether s village which 

_ - 405 County.Courthou.e 

Galveston, Texs. 77550 

M(I b.COm. . tOWt pUr6USUC CO 

article 961, V.T.C.S.. pay 

revert to village etatus. snd 

relsted question. 

Dear Mr. Gusrino: 

You have posed ssv.r.1 question. about the legal status of 

Dickinson.~ Texa.,~ which vs. originslly Incorporated s. s villsge 

pursuant to cbspter 11. Title 28, of the Rsvised Civil Statute., 

article 1133. et ~(Ieq.. V.T.C.S. In 1982. the village board of 

aldermen unanimously passed sn ordinance adopting chapter. l-10 of 

Title 28 s. it. governing body of lsw (rstber ,tbsn chapter 11) snd 

filed It of record with the Galveston county clerk. Subsequently. you 

edvise. s newly .elected board of sldsrmsn psssed en ordlnsnce 

purporting to reps.1 the previous ordlnsnce sad thereby return 

Dickinson to "villsge" ststus. Your questions concern the effect of 

the ordinsncss. .'~ 

Tex+. ~ststute. allow the incorporation of s community under 

cbsptsr 11 if tb. number of inhsbitsnt. is mre tbsn two hundred but 

less'tban tan thbcwand. V.T.C.S. srt. 1133. A toun 80 incorporated 

(which, uy be ,c.lled s "villsgs" instesd of s "town" without 

diminishing its powers) become. "invested with sll tb. 3fgbt. incident 

to' suchxZorporation under this cbsptsr" [cbspter 11). V.T.C.S. art. 

1140. Tovn. ~incorporated under cbspter 11 bsve powers more lirited 

tbsn those organized under cbspters 1 through 10 of Title 28 (vbicb 

uy bc csllsd "cities" instead of "towns" wltbout enlarging their 

povcrs). V.T.C.S. art. 1153.. Town. est.blisbsd under chspter. l-10 

srs slso subject to' different orgsnirstional requlrsmsnta. See m 

of Wsxshscbi. v.~grows. 4 S.U. 207 (Tex. 1887); Cbsndlsr v. S.I. 315 

S.W.2d 87 (T.x. Civ..App. - San Antonio 1958, writ ref'd n.r.e.1. 

Ilunicip.1 corporation. organized under either met of provision. 

are brosdly considered "genersl lsw cities" to distingui.b,tbco from 

"home rule" cities tbst sre orgsnired pursusnt to article XI, section 

5, of the Tess. Constitution. becsuas home rule cities possess greeter 

powers. V.T.C.S. art. ,116s. See Forewood v. Ctty of Taylor, 214 

S.W.2d 282 (Tar. 1948). Unlike~e'rule title., gsnersl lsw cities 
Honorable Michael J. Cusrlno - Page 2 (JM-169) 

have only those powers given them by the legislature. See 40 Tex. 

- 

Jur. 26 Hunlcipsl Corporations. $318 st 78. 

The legislature has given villages organized under chapter 11 [if 

they have 600 or more inhsbitsnte] the power to choose to become towns 

governed by chapter6 l-10. V.T.C.S.. srt. 961; Been v. Town of Vidor. 

440 S.W.2d 676 (Tex. Civ. App. - Beaumont 1969. writ ref’d n.r.e.); 

Lusby v. Cotby. 402 S.W.2d 799 (Tex. Civ. App. - Dallas 1966. no 

writ). Once chapter l-10 towns have been established. however. they 

have no correeponding power to revert to chapter 11 status. 

Article 961, granting the powera to reorganize under chapter 

l-10, reads In pertinent part: 

Any incorporated city, town or village in this 

State containing six hundred inhabitants or over, 

however legally incorporated . . . may accept the 

provisions of this title relating to cities sad 

towns, in lieu of any existing charter. by A 

two-thirds vote of the council of such city, town 

or village. had at A regular meeting thereof. and 

entered upon the jourosl of their proceedings, and 

s copy of the same signed by the mayor and 

Attested by the clerk or secretary under the 

corporate seal. filed and recorded in the office 

of the county clerk in which such city. town or 

village is situated, and the provisions of this 

title shall be in force, sad ~11 acts theretofore 

passed incorporstfng ssid city, town or village 

which may be in force by virtue of any uisting 

charter, shall be repealed from and after the 

filing of ssid copy of their proceedings. es 

sforeesid. When such city, tom or vlllsge is 00 

incorporated se herein provided, the ssme shsll be 

known se s city or town. subject to the provisions 

of this title relsting to citlea end towns. snd 

vested with ~11 the rights, powers, privilsger and 

immunities ssd franchises tbsreln conferred . . . . (gmphsait~ added). 

We believe it ia clear that the board of sldermen poseessed the 

authority to nccspt for tbe vlllsge the benefits and responsibilities 

of chsptere 1 through 10 of Title 28. When it did, the villsge of 

Dickinsos, ipso f*cto. ceased to exist as A corporate entity 

authorized by chapter 11. end instsntly became one organized under 

chapters 1 through 10. V.T.C.S. art. 962; Luclby v. Cozby. 8uprcl at 

803. 

When the vote was taken that purported to return Dickineon to 

chapter 11 ststue. the town had slresdy become a municipal corporation 

controlled by chsptere 1 through 10 of Title 28. Since there is no 

legislstively permitted procedure allowing such 8 reversion to chapter 
.’ 

Honorable Michael .I. Guarino - Page 3 (JR-169) 

11 status, the vote was a nullity. See Lum v. City of Bowie, 18 S.W. 

142 (Tex. 1891); Largen v. State exrel. Abney, 13 S.W. 161 (Tex. 

1890). Cf. Harness V. State, 13 S.W. 535 

useful brief submitted 011 the auestion. 

(Tex. 1890). As noted in a 

a general law citv can 

exercise only those powers that a;e expressly or impliedly conferred 

by law, and any substantial doubt about such authority is resolved 

against the municipality. See State ex rel. Rea v. Etheridge, 32 -- 

S.W.2d 828 (Tex. Comm'n App. 19, 30); City of West Lake Hills v. 

Westwood Legal Defense Fund;. 598 S.W.2d 681 (Tex. Civ. App. - Waco 

1980, no writ). 

Your specific questions are therefore answered as follows: 

1. Did the board of aldermen, in their 

December 1982 action, err in passing Ordinance 

63-82 to adopt chapters l-10, Title 28, since the 

provisions of article 961 requires entering the 

vote on the journal of their proceedings? 

It is the action of the board, not the evidence or record 

thereof, that accomplishes the transformation of the municipality from 

one category to another. Lusby v. Cozby, supra. Minutes of the 

meeting can be corrected to make them speak the truth. city of 

Electra v. American La France 6 Foamite Industry, Inc., 133 S.W.2d 223 

(Tex. Civ. App. - Fort Worth 1939, writ dism'd judmt car.); 39 Tex. 

Jur. 2d Municipal Corporations 8140, at 524. Although article 961, 

V.T.C.S., would apparently allow the adoption of chapters l-10 by 

resolution rather than by ordinance, it requires only that the action 

be taken by a two-thirds vote of the governing body. An ordinance 

will serve. Lusby V. Cosby, supra. 

2. Under the authority to repeal ordinances 

granted to city council in article 1011, V.T.C.S., 

can city council repeal Ordinance 63-821 

As discussed above, once the adoption of chapters l-10 was complete, 

the action taken could not be rescinded. 

3. In as much as no reference is wade to a 213 

majority vote in article 1011, where power to 

rescind ordinances is granted, is other than a 

simple majority vote required to rescind Ordinance 

63-827 

Again, Ordinance 63-82 cannot be rescinded. 

4. Would the rescinding of Ordinance 63-82 

return the corporation to the village status as 

existed prior to the adoption of Ordinance 63-82 

in December 1982? 

NO. 

p. 745 
. 

Honorable Michael J. Guarino - Page 4 (JM-169) 

,-,. 

5. Assuming the proper procedures outlined in 

article 961 are followed in establishing a general 

law city under chapters l-10, Title 28, are there 

any statutory provisions allowing a return to a 

chapter 11 village? 

Dickinson can become a village again only by dissolving its present 

corporation pursuant to article 1241, V.T.C.S., and reincorporating 

under article 1133, V.T.C.S. Lum v. City of Bowie, supra at 144. 

6. As a result of the action taken on December 

14, 1982, and the rescinding action taken on May 

3, 1983, has Dickinson returned to a village? 

No. 

SUMMARY 

The city of Dickinson currently has the legal 

status of a town or city operating under chapters 

1 through 10 of Title 28 of the Revfsed Civil 

Statutes, and may not revert to village status 

under chapter 11 thereof. To regain village 

status, it must dissolve its present corporation 

and reincorporate as a village. 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Bruce Youngblood 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairman 

Colin Carl 

Susan Garrison 

Jim Moellinger 

Nancy Sutton 

Bruce Youngblood 

p. 746