TX Attorney General Opinion. Cities + Utility Districts

Who is requesting the Texas Attorney General to answer this quandary? Senator Birdwell

What question shall the Attorney General answer? Whether a contract between a home rule city and a Special Utility District can prohibit the city from petitioning for decertification from the district’s Certificate for Convenience and Necessity.

Why is this a question? Three provisions may say a city can’t be bound by this prohibition.

• Local Gov. Code Section 51.072
• Local Gov. Code Section 51.078
• Texas Constitution Article 11, Section 5

RQ-0354-KP