The Attorney General of Texas 

March 9, 1983 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12548 

Austin. TX. 78711. 2548 

5121475.2501 

Telex 9101874-1367 

Telecopier 5121475.0266 

1607 Main St.. Suite 1400 

Dallas. TX. 75201-4709 

2141742.8944 

4824 Alberta Ave.. Suite 160 

El Paso. TX. 79905.2793 

9151533.3484 

r 

,220 Dallas Ave.. Suite 202 

Houston, TX. 77002.6986 

7131650-0666 

806 Broadway. Suite 312 

Lubbock. TX. 79401.3479 

8061747-5238 

4309 N. Tenth. Suite S 

McAlten. TX. 78501-1685 

5121682-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 782052797 

51212254191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable Felipe Reyna 

Criminal District Attorney 

McLennan Countv Courthouse 

Waco, Texas i6703 

opinion No. JM-4 

Re: Whether water board of 

city of Robinson is required 

to comply with article 6252-17, 

V.T.C.S. 

Dear Mr. Reyna: 

You have asked us to determine if the board of trustees for the 

-. ._. . city of Robinson waterworks is (1) a governmental body as defined in 

article 6252-17, section l(c), V.T.C.S.; (2) required to conduct 

meetings which are open to the public as provided by article 6252-17, 

section 2(a), V.T.C.S.; and (3) required to post a written notice of 

each meeting as provided in article 6252-17, section 3A. V.T.C.S. 

Article 6252-17 prohibits governmental bodies from holding 

meetings which are closed to the public, unless authorized by an 

exception. Section l(c) defines "governmental body" as: 

any board, commission, department, committee, or 

agency within the executive or legislative 

department of the state, which is under the 

direction of one or more elected or appointed 

members: and everv Commissioners Court and citv 

council in the state, and every deliberative body 

having rule-making or quasi-judicial power and 

classified as s department, agency, or political 

subdivision of a county or city; and the board of 

trustees of every school district, and everv 

county board of skhool trustees and -county boa& 

of education; and the governing board of every 

special district heretofore or hereafter created 

by law. (Emphasis added). 

Articles 1111 through 1118, V.T.C.S., establish the authority for 

cities and towns to encumber any city owned utility. Article 1111 

empowers cities and towns, inter alia. to mortgage and encumber water 

systems. Article 1115 permits control of the encumbered system to be 

placed in a board of trustees named in the encumbrance. Article 1115 

states: 

p. 12 
Honorable Felipe Reyna - Page 2 (JM-4) 

The management and control of any such system 

or systems during the time they are encumbered, 

may by the terms of such encumbrance, be placed in 

the hands of the city council of such town, or may 

be placed in the hands of a board of trustees to 

be named in such encumbrance, consisting of not 

more than five members, one of whom shall be the 

mayor of such city or town. The compensation of 

such trustees shall be fixed by such contract, but 

shall never exceed five per cent of the gross 

receipts of such systems in any one year. The 

terms of office of such board of trustees, their 

powers and duties, the manner of exercising same, 

the election of their successors, and all matters 

pertaining to their organization and duties may be 

specified in such contract of encumbrance. In all 

matters where such contract is silent, the laws 

and rules governing the council of such city or 

town shall govern said board of trustees so far as 

applicable. (Emphasis added). 

The Robinson city council created the board of trustees in an 

ordinance which tracked the language of article 1115. The powers and 

duties of the board created by the ordinance include the power to fix 

all rates and to adopt and enforce all rules and regulations the board 

deems necessary or proper. This is also consistent with the statutory 

placement of "management and control" of the system with a board of 

trustees. 

Article 1115 allows a municipality to delegate its power to 

manage and control a city owned utility to a board of trustees to act 

as the city's agent while the utility is encumbered. Texas courts 

have concluded that an article 1115 board of trustees is an anent of 

the city. Tuttle v. Guadalupe-Blanco River Authority, 174 S.WI2d 589 

(Tex. 1943) affirming 171 S.W.2d 520 (Tex. Civ. App. - San Antonio 

1943); see also Guadalupe-Blanco River Authority v. City of San 

Antonio, 200 S.W.Zd 989 (Tex. 1947) (accepting without comment prior 

Texas Supreme Court decision that Board of Trustees had no standine, to 

sue); Miieles v. Deer Run Properties, Inc., 616 S.W.2d 342, 343 (Tex. 

Civ. App. - San Antonio 1981, no writ); Crownhill Homes, Inc. v. City 

of San Antonio, 433 S.W.2d 448 (Tex. Civ. App. - Corpus Christ1 1968, 

writ ref'd n.r.e.) (Action of board of trustees of waterworks in 

regulating extension of water mains was exercise of legislative or 

governmental power, not proprietary). 

Based on these Texas cases, it is our opinion that the board of 

trustees is an agency of the city authorized by statute and ordinance 

to manage and control the waterworks system of the city of Robinson 

and that the board has been delegated legislative and governmental 

p. 13 
. . 

Honorable Felipe Reyna - Page 3 (JM-4) 

powers for that purpose. Thus, the board of trustees is a 

"department, agency, or political subdivision of the city" which has 

rule making authority and is a governmental body as defined in article 

6252-17, section l(c). Meetings of the board of trustees must comply 

with article 6252-17, and written notice of each meeting must be niven 

as required in article 6252-17, section 3A. See Lower-Colorado River 

Authority v. City of San Marcos, 523 S.W.2d 641 (Tex. 1975); Lake 

County Estates v. Toman, 624 S.W.2d 677 (Tex. Civ. App. - Fort Worth 

1981, writ ref'd n.r.e.); Lumberton Municipal Utility District v. 

Cease, 596 S.W.2d 601 (Tex. Civ. App. - Beaumont 1980, no writ). 

SUMMARY 

The board of trustees for the city of Robinson 

waterworks is a governmental body as defined in 

article 6252-17, section l(c). Meetings of the 

board of trustees must be open to the public as 

provided by article 6252-17, section 2(a), and 

written notice of each meeting must be given as 

required in article 6252-17, section 3A. 

Very truly you LLJ~ 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Patricia Hinojosa 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

p. 14