Municipal Law - Burton Law Firm based in Houston, TX

The Burton Law Firm, P.C. has over 10 years of experience in this area of the law. If you have questions about this subject please call us at 713-222-6262; or email Randy Burton at randy@burton-lawfirm.com or David Torok at david@burton-lawfirm.com.

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What is a local governmental entity?
A county, municipality, school district, junior college district or other political subdivision of Texas or a local government corporation, board, commission, district or authority to which a member is appointed by the commissioners court of a county, the mayor or a municipality, or the governing body of a municipality.
What is a home rule municipality?
A city which may exercise police power to the extent such is not prohibited by the United States or Texas Constitutions or federal or state law.
What is a general-law municipality?
A city which may exercise legislative authority, or police power, only as specifically authorized by the general laws of the United States or the Texas Constitution or federal or state law.
What do the police powers for a municipality include?
Generally, safeguarding the health and general welfare of the city’s citizens; but such regulations must have a rationale basis and reasonably promote the intended purpose. Furthermore, a municipality may enact only an ordinance that is consistent, and does not conflict, with federal and state law.
What is an ordinance?
A local law of a municipality.
What is a charter?
The creative act of incorporation, tegether with all those laws in force which relate to the incorporation of the city.
What are the most common types of ordinances?
Those dealing with zoning, nuisances, and subdivisions/property development. Miscellaneous ordinance issues can include firearms and explosives, sign regulations, taxicabs, animals, handicap parking, junked vehicles and public solicitations.
What is a municipal court of non-record?
A municipal court created by statute in which a city has not opted by ordinance for the court to be record court. Thus, the trials are not recorded and appeals from the city are de novo. This means that the defendant gets a new trial as if a trial had not occurred in the municipal court.
What is a court of record?
A court where the trials are recorded either by a recording devise or by a court reporter, and the appeal is on a written transcript of the record to determine if any error occurred during trial.
What kind of criminal cases can a municipal court handle?
Those related to fine only offenses.
What is a city council?
It is the legislative and policy-making body of a municipality.
What are some common departments of a city?
Administration, animal control, emergency medical services, engineering, fire, human resources, legal, municipal court, parks and recreation, planning, police, and public works.
How are ordinances enforced?
Generally by means of a criminal penalty, civil penally or injunctive relief.
Are municipal acts presumed valid?
Yes, if no lawsuit to annul or invalidate the act has been filed on or before the third anniversary of the effective date, unless it was void at the time it was enacted or it was pre-empted.
What is a MUD?
A Municipal Utility District (MUD) is a political subdivision of the State of Texas authorized by the Texas Commission of Environmental Quality (TCEQ) to provide water, sewage, drainage and other services within the MUD boundaries.
How is a MUD created?
A majority of property owners in the proposed district petitions the Texas Commission of Environmental Quality to create a MUD. The TCEQ evaluates the petition, holds a public hearing, and grants or denies the petition. After approval, the TCEQ appoints five temporary members to the MUD's Board of Directors, until an election is called to elect permanent Board members, to confirm the MUD's creation, and to authorize bonds and taxing authority for bond repayment.
How does a MUD work?
The publically elected board of directors manages and controls all of the affairs of the MUD subject to the continuing supervision of the Texas Commission of Environmental Quality. The board establishes policies in the interest of its residents and utility customers. A MUD may adopt and enforce all necessary charges, fees and taxes in order to provide district facilities and service.
What is a drainage district?
A political subdivision of the state created for the purpose of draining and reclaiming wet and overflowed land, as well as to preserve the public health and conveninece.
What is a county commissioner’s court?
That body of elected officials having jurisdiction over and the responsibility for county affairs.
What does EDC stand for?
Economic Development Corporation.
What is the purpose of an Economic Development Corporation?
To promote, assist, and enhance the economic development activities and quality of life opportunities within the city and its extraterritorial jurisdiction.
What does TIRZ mean?
Tax Increment Reinvestment Zone.
What is the purpose of a TIRZ?
It is an economic development tool available to cities under Texas Law. A TIRZ is a specific geographic area defined by the city council. For the duration of a TIRZ (no more than 30 years), the property taxes from the increased value due to development within the TIRZ is “captured” and placed in a separate fund administered by the city.
What can the proceeds be used for?
The captured tax proceeds can only be used to pay for eligible public improvements, such as streets, drainage, utilities, and public facilities, within the zone. The underlying concept is that the new taxes from new development are reinvested within the zone that created the additional value. Generally, the developer is required to advance fund the eligible improvements and is only reimbursed with TIRZ proceeds when/if the captured tax proceeds are sufficient.
How are EDCs and TIRZs governed?
A board of directors governs the TIRZ and EDC, and the members of the board are appointed by a majority vote of the applicable governmental body, such as a city council.
Can a county create a TIRZ?
Yes.
What is a WCID?
Water Control and Improvement District.
What can a WCID do?
It has the authority to provide for the supply and storage of water for public use, operation of sanitary wastewater systems, and can provide irrigation, drainage and water quality services.
What is a FWSD?
Fresh Water Supply District.
What is a LID?
Levee Improvement District.
What is the purpose of a Navigation District?
To assist in the operation of ports and waterways located within the district, or to assist with improvements to facilities necessary to facilitate the development of a waterway or navigation project.
What is the purpose of a LID?
To construct and maintain levees and other improvements on, along, and contiguous to rivers, creeks, and streams; to reclaim lands from overflow from these streams; to control and distribute the waters of rivers and streams by straightening and otherwise improving them; and to provide for the proper drainage and other improvement of the reclaimed land.
What is the purpose of a FWSD?
To conserve, transport, and distribute fresh water from any sources for domestic and commercial purposes.
What is the purpose of the TCEQ?
It serves as the environmental agency for the state.
What is a RUD?
Road Utility District.
What is the purpose of a RUD?
Road districts may construct, maintain and operate macadamized, graveled or paved roads and turnpikes. In some cases, MUDs and FWSDs may acquire road district powers.
What is a PID?
Public Improvement District.
What is a PID for?
A municipality or county may create a PID to further improvement projects in designated areas of the municipality (or even its extraterritorial jurisdiction) or county.
What is a public utility?
A public utility is a company that maintains the infrastructure for a public service (often also providing a service using that infrastructure). Public utilities often involve natural monopolies, and as a result are often government monopolies, or if privately owned, treated as specially regulated sectors.
What is a PUD?
Planned Unit Development.
What is the purpose of a PUD?
A means of land regulation which promotes large scale, unified land development by means of midrange, realistic programs in chase of physically-curable, social and economic deficiencies in land and cityscapes.
Can a PID be used in conjunction with a TIRZ?
Yes.
What is an EZ?
Enterprise Zone.
What si the purpose of an EZ?
To encourage job creation and capital investment in areas of economic distress by removing governmental regulatory barriers to economic growth and to provide tax incentives and economic development benefits.
What is an SCD?
Stormwater Control District.
What is the purpose of an SCD?
A district may be created to control stormwater and floodwater and to control and abate harmful excesses of water for the purpose of preventing area and downstream flooding in all or part of a watershed.
What is a SUD?
Special Utility District.
What can a SUD do?
It can purchase, own, hold, lease, and otherwise acquire sources of water supply; build, operate, and maintain facilities for the transportation of water; and sell water to towns, cities, and other political subdivisions of this state, to private business entities, and to individuals; establish, operate, and maintain fire-fighting facilities to perform all fire-fighting activities within the district; or for the protection, preservation, and restoration of the purity and sanitary condition of water within the district.
Is a homeowners’ association a governmental entity?
No.

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