Texas Attorney General Opinion: KP-0026 Page: 1 of 5
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KEN PAXTON
ATTORNEY GENERAL OF TEXAS
July 13, 2015
The Honorable Eddie Lucio, Jr. Opinion No. KP-0026
Chair, Committee on Intergovernmental
Relations Re: Question relating to the Galveston City
Texas State Senate Charter and a tax increment reinvestment zone
Post Office Box 12068 governed by chapter 311 of the Tax Code
Austin, Texas 78711-2068 (RQ-0004-KP)
Dear Senator Lucio:
Your predecessor asked several questions relating to the City of Galveston's Charter
("Charter") as it may affect governance of a tax increment reinvestment zone created by the city
under chapter 311 of the Tax Code.' Specifically, the questions are:
(1) Does the provision of the Galveston City Charter that
regulates eligibility to serve on a board created by the city
apply to members of the board of directors of a tax increment
reinvestment zone created under Chapter 311, Tax Code?
(2) If the charter provision does apply, do the residency
requirements and term limits provided by the provision apply
to board members of a tax increment reinvestment zone?
Request Letter at 1.
Our analysis of these questions is necessarily limited. The first question requires the
construction of a provision of a city charter, a task which is outside the purview of an attorney
general opinion. See Tex. Att'y Gen. Op. No. GA-0449 (2006) at 1 ("In deference to municipal
officials' authority to interpret their charters and ordinances, this office does not ordinarily
construe city charters or ordinances."). Accordingly, we do not address the applicability of the
Charter. The second question is contingent upon an affirmative answer to the first, but as it
involves the construction of provisions of the Tax Code, it presents legal questions that we can
address. See Tex. Att'y Gen. Op. No. GA-0356 (2005) at 2 (considering charter's implication of
'See Letter from Honorable Juan Hinojosa, Chair, Senate Comm. on Intergov'tl Relations, to Honorable Ken
Paxton, Tex. Att'y Gen. at 1 (Jan. 6, 2015), https://texasattorneygeneral.gov/opinion/requests-for-opinion-rqs
("Request Letter").
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Texas. Attorney-General's Office. Texas Attorney General Opinion: KP-0026, text, July 13, 2015; (https://texashistory.unt.edu/ark:/67531/metapth1051176/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.