ATTORNEY GENERAL OF TEXAS GREG ABBOTT



### March 22, 2010

The Honorable Jane Nelson Chair, Health and Human Services Committee Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068

Dear Senator Nelson: Opinion No. GA-0763 Re: Whether a municipality is required to receive a petition signed by twenty percent ofits qualified voters before calhng anelectIOn to wIthdraw from aregionaltransportation authority (RQ-0824-GA)

You ask whether a municipality is required to receive a petition signed by twenty percent of its qualified voters before calling an election to withdraw from a regional transportation authority.! You indicate that, in 2004, the City ofRichland Hills held an election to withdraw its membership in the Fort Worth Transportation Authority. Request Letter at 1. You tell us that the voters elected to remain within the Authority. You tell us further that the City Council of Richland Hills is at present considering another withdrawal election. Id. 

### You inquire about the process for calling such an election, specificallywhetherthe municipality's authorityto call the election is conditioned upon the receipt by the city council ofa voter petition. Section 452.651 ofthe Transportation Code provides, in relevant part: (a) The governing body of a unit of election may order an election to withdraw the unit from an authority. An 

### election ordered under this subsection for a unit of election located in an authority consisting ofone subregion governed by a subregional board created under Subsection 

### 0 may not be held ifthe governing body rescinds the order and notice of the election before the 45th day before election day.2

lRequest Letter at 2 (available at http://www.texasattorneygeneral.gov). 2Subchapter 0 is applicable only to "the board ofa subregion that has aprincipal municipality with a population ofmore than 800,000." TEX. TRANSP. CODE ANN. §452.571 (Vernon 2007). The population ofthe City ofFort Worth in 2000 was 534,694. See U.S. CENSUS BUREAU, U.S. DEP'T OF COMMERCE, 2000 CENSUS OF POPULATION: State and County QuickFacts, available at http://quickfacts.census.gov/qfdlstates/48/4827000.html (last visited Jan. 21, 2010). As a result, subchapter 0 does not apply to the facts you present.The Honorable Jane Nelson**~** Page 2 (GA-0763)

(b) On the determination by a governing body of a unit of election that a petition for withdrawal under this chapter is valid, the governing body shall order an election to withdraw the unit of election from the authority. 

### TEx. TRANsp. CODE ANN. 

### § 452.651(a)-(b) (Vernon 2007). In construing a statute, we begin with the proposition that "our primary objective is to ascertain and give effect to the Legislature's intent." 

### City of Marshall v. 

### City ofUncertain, 206 S.W.3d 97, 105 (Tex. 2006). We attempt to discern such intent from the actual language used by the Legislature. 

### See Osterbergv. 

### Peca, 12 S.W.3d 31, 38 (Tex. 2000). Statutory words andphrases must "beread incontextand construedaccordingto therules ofgrammar and commonusage." 

### TEx. Gov''r CODE ANN. 

### § 311.011(a) (Vernon 2005). Subsection (a) declares that "[t]he governing bodyofa unit ofelection mayorder anelection to withdraw the unit from an authority." 

### TEx. TRANsp. CODE ANN. 

### § 452.651(a) (Vernon 2007) (emphasis added). Theword "'may' createsdiscretionary authorityorgrantspermissionorapower." 

### TEx. Gov'TCODEANN. 

### § 311.016(1) (Vernon2005). Subsection (a) authorizes butdoes notrequire a municipality to order an election. Subsection (b), on the other hand, provides that "[o]n the determination by a governing body of a unit of election that a petition for withdrawal under this chapter is valid, the governing body

### shall order an electionto withdrawthe unit ofelection from the authority." 

### TEx. TRANSP. CODE ANN. 

### § 451.651(b) (Vernon 2007) (emphasis addedV The word "'shall' imposes a duty." 

### TEx. GOV'T CODE ANN. 

### § 311.016(2) (Vernon 2005). As a result, this provision requires a municipality to order an election ifa valid petition is submitted in accordance with statute. Moreover, because subsections (a) and (b) are not joinedby an "and," itis evidentthat neither subsection is dependent upon the other. Rather, the two subsections provide two different means ofcalling a withdrawal election. Thus, while the city council is 

### requiredto call a withdrawal election upon receipt ofa valid petition, it is 

### authorizedto do so in the absence ofa petition. 4 Accordingly, in answer to your question, a municipality is not required to receive a petition signedbytwentypercentofits qualifiedvoters before calling an electionto withdrawfrom a regional transportation authority.

3 A withdrawal petition must be signedbynot less than twenty percent ofthe number ofregistered voters of the unit ofelection. TEX. 'fRANSP. CODE ANN. § 452.652(c) (Vernon 2007). 4"An election to withdraw may notbe ordered, and a petition for an election to withdraw may notbe accepted for filing, more frequently than once during each period of 12 months preceding the anniversary ofthe date ofthe election confirming the authority." Id § 452.651(c). Because you indicate that the last withdrawal election was held in 2004, this provision does not at present prohibit the calling ofa new election.The Honorable Jane Nelson

- Page 3 (GA-0763)



### SUMMARY A municipality is not required to receive a petition signed by twenty percent of its qualified voters before calling an election to withdraw from a regional transportation authority.

ANDREW WEBER First Assistant Attorney General JONATHAN K. FRELS Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Rick Gilpin Assistant Attorney General, Opinion Committee