Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from June 12, 2013 through July 10, 2013.

Opinion No. GA-1011 (Water Control and Improvement District):  A water control and improvement district has implied authority to adopt an ordinance to control weeds or regulate illegal dumping within its jurisdiction only if the ordinance is reasonable and is a practical means to accomplish a district purpose, such as the protection of water purity.  The Water Code expressly authorizes a water control and improvement district to enforce state offenses prohibiting illegal dumping.

Opinion No. GA-1009 (Qualified Allocation Plan):  A court would likely defer to the Texas Department of Housing and Community Affairs’ construction of chapter 2306 of the Government Code and uphold Rule 11.9(d)(3) of the 2013 Qualified Allocation Plan governing the allocation of low-income housing tax credits.