VERNON'S TEXAS CIVIL STATUTES

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.