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Statutes > Texas > Vernon-s-civil-statutes > Title-28-cities-towns-and-villages > Chapter-13-home-rule

VERNON'S CIVIL STATUTES

TITLE 28. CITIES, TOWNS AND VILLAGES

CHAPTER 13. HOME RULE

Art. 1175. ENUMERATED POWERS. A home-rule municipality has the

following powers:

1. To prohibit the use of any street, alley, highway or grounds

of the city by any telegraph, telephone, electric light, street

railway, interurban railway, steam railway, gas company, or any

other character of public utility without first obtaining the

consent of the governing authorities expressed by ordinance and

upon paying such compensation as may be prescribed and upon such

condition as may be provided by any such ordinance. To determine,

fix and regulate the charges, fares or rates of any person, firm

or corporation enjoying or that may enjoy the franchise or

exercising any other public privilege in said city and to

prescribe the kind of service to be furnished by such person,

firm or corporation, and the manner in which it shall be

rendered, and from time to time alter or change such rules,

regulations and compensation; provided that in adopting such

regulations and in fixing or changing such compensation, or

determining the reasonableness thereof, no stock or bonds

authorized or issued by any corporation enjoying the franchise

shall be considered unless proof that the same have been actually

issued by the corporation for money paid and used for the

development of the corporate property, labor done or property

actually received in accordance with the laws and Constitution of

this State applicable thereto. In order to ascertain all facts

necessary for a proper understanding of what is or should be a

reasonable rate or regulation, the governing authority shall have

full power to inspect the books and compel the attendance of

witnesses for such purpose.

2. Provided that in all cities of over twenty-five thousand

inhabitants, the governing body of such city, when the public

service of such city may require the same, shall have the right

and power to compel any street railway or other public utility

corporation to extend its lines of service into any section of

said city not to exceed two miles, all told, in any one year.

3. Whenever any city may determine to acquire any public utility

using and occupying its streets, alleys, and avenues as

hereinbefore provided, and it shall be necessary to condemn the

said public utility, the city may obtain funds for the purpose of

acquiring the said public utility and paying the compensation

therefor, by issuing bonds, notes or other evidence of

indebtedness and shall secure the same by fixing a lien upon the

said properties constituting the said public utility so acquired

by condemnation or purchase or otherwise; said security shall

apply alone to said properties so pledged; and such further

regulations may be provided by any charter for the proper

financing or raising the revenue necessary for obtaining any

public utilities and providing for the fixing of said security.

Acts 1913, p. 307; Acts 1921, p. 169; Acts 1963, 58th Leg., p.

447, ch. 160, art. II.

Subd. 19 amended by Acts 1967, 60th Leg., p. 189, ch. 100, Sec.

1, eff. Aug. 28, 1967; Subd. 35 added by Acts 1975, 64th Leg., p.

237, ch. 89, Sec. 8, eff. Jan. 1, 1976; Subd. 35 added by Acts

1975, 64th Leg., p. 627, ch. 258, Sec. 1, eff. Sept. 1, 1975.

Renumbered subd. 36 and amended by Acts 1979, 66th Leg., p. 905,

ch. 413, Sec. 1, eff. June 6, 1979. Amended by Acts 1987, 70th

Leg., ch. 149, Sec. 8(a), eff. Sept. 1, 1987. Subd. 37 added by

Acts 1987, 70th Leg., ch. 79, Sec. 1, eff. May 12, 1987; Acts

1987, 70th Leg., ch. 1057, Sec. 1, eff. Aug. 31, 1987; Acts 1987,

70th Leg., ch. 1082, Sec. 1, eff. June 20, 1987. Amended by Acts

1989, 71st Leg., ch. 1, Sec. 49(b), 86(b), eff. Aug. 28, 1989;

Acts 1989, 71st Leg., ch. 678, Sec. 4, eff. Sept. 1, 1989; Acts

1993, 73rd Leg., ch. 455, Sec. 1, eff. Aug. 30, 1993; Acts 1995,

74th Leg., ch. 165, Sec. 23, eff. Sept. 1, 1995; Acts 1999, 76th

Leg., ch. 227, Sec. 27, eff. Sept. 1, 1999.

Art. 1182k. ACQUISITION OR ESTABLISHMENT OF A RAILROAD OR

RAILROAD FACILITIES.

Definitions

Sec. 1. In this Act:

(1) "Railroad" means an enterprise created and operated to carry

passengers, freight, or both on a fixed track. The term includes

all real estate and interests in real estate, equipment,

machinery, materials, structures, buildings, stations,

facilities, and other improvements that are necessary to, or for

the benefit of, the enterprise.

(2) "Municipality" means a home-rule city.

Declaration of Governmental Function

Sec. 2. The planning, acquisition, establishment, development,

construction, enlarging, improvement, maintenance, equipping,

operation, regulation, protection, policing, leasing, and

alienation of a railroad and railroad facilities by

municipalities and other public agencies, separately or jointly

exercised, are declared to be public and governmental functions

that are exercised for a public purpose and matters of public

necessity and, in the case of a municipality, are declared to be

municipal functions and purposes as well as public and

governmental. All land and other property and privileges acquired

and used by or on behalf of municipalities or other public

agencies for railroad purposes are declared to be acquired for

public and governmental purposes and as a matter of public

necessity and, in the case of a municipality, for a municipal

purpose. Nothing in this Act shall operate to confer or convey

any governmental immunity or limitation of liability to any

entity which is not a governmental entity, authority, public

agency, or subdivision thereof.

Validation

Sec. 3. (a) Any real estate transactions or any acquisitions or

operations of any railroad property by a municipality or

municipalities that occurred on or after January 1, 1984, but

before the effective date of this Act, are validated as of the

dates they occurred. The transactions, acquisitions, or

operations may not be held invalid because they were not

performed in accordance with law.

(b) This section does not apply to any matter that on the

effective date of this Act:

(1) is involved in litigation if the litigation ultimately

results in the matter being held invalid by a final judgment of a

court of competent jurisdiction; or

(2) has been held invalid by a final judgment of a court of

competent jurisdiction.

Cumulative Effect

Sec. 4. The provisions of this Act shall be cumulative of all

other laws or parts of laws, general or special.

Severability

Sec. 5. If any provisions of this Act or the application thereof

to any person, entity, or circumstances is held invalid, such

invalidity shall not affect other provisions or applications of

the Act which can be given effect without the invalid provisions

or application, and to this end the provisions of this Act are

declared to be severable.

Acts 1985, 69th Leg., ch. 181, eff. May 24, 1985.