Texas Attorney General Opinion: JM-226 Page: 1 of 8
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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The Attorney General of Texas
JIM MATTOX
dtorney General
upreme Court Building
. 0. Box 12548
^ustln, TX. 78711 2548
512/475-2501
"slex 9101874-1367
elecopler 51214750266
"14 Jackson, Suits 700
ailas, TX. 752024506
&1417424944
824 Alberta Ave., Suite 160
cil Paso, TX. 79905-2793
915533484
ru0l Texas, Suit T700
Houston, TX. 77002,3111
'13t2235886
80 Broadway, Suite 312
.ubbock, TX. 79401-3479
K06747-5238
300 N. Tenth. Suite B
AcAl7tn, TX. 78501-185
51282-4547
ZOO Main Plaza. Sute 400
San Antonio, TX. 78205-2797
5121225-4191
An Equal Opportunityl
Altirmative Action EmployerNovember 5, 1984
Honorable Lloyd Doggett
Chairman
Subcommittee on Couns ur Affairs
Texas State Senate
P. O. Box 12068, Capitol Station
Austin, Texas 78711Opinion No. JM-226
Re: Whether article 1175, sec-
tion 19, V.T.C.S., authorizes
a hoe rule city to adopt and
enforce regulations which are
applicable outside city limits
and which provide standards for
the safe storage of hazardous
materials over the watersheds
in and surrounding the home
rule cityDear Senator Doggett:
You ask whether section 19 of article 1175, V.T.C.S., authorizes
a home rule city to adopt regulations, applicable outside of city-
limits, which set standards for the safe storage of hazardous
materials in the watersheds in and surrounding the home rule city. We
conclude (1) that t home rule city may define as a nuisance the
storage of hazardous substances near its water supply when it has a
well-founded apprehension of danger from such storage within its
municipal limits and within five thousand feet of its boundaries, and
(2) that a home rule city may promulgate standards for the safe
storage of hazardous materials to prevent water-supply pollution in
the watersheds within the bome rule city's extraterritorial juris-
diction.
Article 1175 aqhasizes that home rule cities Shall have "full
power of local te lf-government" and enumerates, "for greater
certainty," particular powers possessed by home rule cities. Section
19 of article 1175 provides as follows:
Each city shall have the power to define all
nuisances and prohibit the same within the city
and outside the city limits for a distance of five
thousand feet; to have power to police all parks
or grounds, lakes and the land contiguous thereto
and used in connection therewith, speedways, or
boulevards owned by said city and lying outside of
said city; to prohibit the pollution of any
strea 1 d'in or tributaries thereof, which may
constitute the source of water supply of any cityn 10
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-226, text, November 5, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272666/m1/1/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.