Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from October 11, 2018 through November 10, 2018.

KP-0221 (Land Use Regulations): A court would likely conclude that a city acting under Local Government Code Subsection 43.0117(b) may impose fines and penalties that are adopted under and enforce an ordinance adopted pursuant to that subsection provided the ordinance is consistent with the most recent joint land use study.

A court would likely conclude that the ballot language adopted by the City of San Antonio’s resolution calling the election under Subsection 43.0117(b) is sufficient under Texas Supreme Court precedent.

Election Code Section 65.009 provides that a vote for a measure shall be counted if the voter’s intent is clearly ascertainable. The City of San Antonio’s plan to count ballots voting for both propositions or left blank as a vote in favor of Option 2 is contrary to this provision because such ballots do not indicate a clearly ascertainable intent for Option 2.

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