CHAPTER 13. HOME RULE
VERNON'S CIVIL STATUTES
TITLE 28. CITIES, TOWNS AND VILLAGES
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.