Sec. 22.002. PUBLIC PURPOSE; COUNTY OR MUNICIPAL PURPOSE. (a) Subject to Chapter 101, Civil Practice and Remedies Code, the following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity:
(1) the acquisition of an interest in real property under this chapter;
(2) the planning, acquisition, establishment, construction, improvement, equipping, maintenance, operation, regulation, protection, and policing of an airport or air navigation facility under this chapter, including the acquisition or elimination of an airport hazard;
(3) the exercise of any other power granted by this chapter to local governments and other public agencies, to be severally or jointly exercised; and
(4) the acquisition and use of property and privileges by or on behalf of a local government or other public agency in the manner and for the purposes described by this chapter.
(b) In the case of a county, a function described by Subsection (a) is a county function and purpose. In the case of a municipality, a function described by Subsection (a) is a municipal function and purpose.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 2004–2025 · leading case:
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App.—El Paso 2017).
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App.—El Paso 2017).
· cites it 2× “]” Tex.Transp.Code Ann. § 22.002(a) (emphasis added).”
City of El Paso v. Waterblasting Tech., Inc., 491 S.W.3d 890 (Tex. App.—El Paso 2016).
“Tex. Transp. Code Ann. § 22.002 (West 2011), The City’s acquisition of the water blasting unit fell precisely within- this Code provision, as it was an acquisition of equipment for the maintenance of the aitport meant to eliminate an airport .”
Lonestar Airport Holdings, LLC v. City of Austin, No. 1:22-cv-00770 (W.D. Tex. Dec. 19, 2022).
· cites it 2× “Accordingly, the City argues, it was acting in its governmental capacity when it entered into the Agreement, and governmental immunity from suit applies.”
Elizabeth Benavides Elite Aviation Inc. v. City of Laredo, No. 04-19-00717-CV, 2020 WL 2044678 (Tex. App.—San Antonio Apr. 29, 2020).
“0215(a)(10); TEX. TRANSP. CODE ANN. § 22.002(a)(2). As the Texas Supreme Court has explained, legislative enumerations of particular functions as governmental “aid our inquiry” in cases involving contract claims as well as tort claims.”
City of Cleburne v. RT Gen., LLC, No. 10-20-00037-CV, 2020 WL 7394519 (Tex. App.—Waco Dec. 16, 2020).
“0215(a)(10); TEX. TRANSP. CODE ANN. § 22.002(a)(2). The City of Cleburne v.”
Tex. Transp. Code § 22.002(a): 6 cases
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App.—El Paso 2017).
“]” Tex.Transp.Code Ann. § 22.002(a) (emphasis added).”
Lonestar Airport Holdings, LLC v. City of Austin, No. 1:22-cv-00770 (W.D. Tex. Dec. 19, 2022).
“Accordingly, the City argues, it was acting in its governmental capacity when it entered into the Agreement, and governmental immunity from suit applies.”
Tex. Transp. Code § 22.002(a)(2): 3 cases
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App.—El Paso 2017).
“]” Tex.Transp.Code Ann. § 22.002(a) (emphasis added).”
Elizabeth Benavides Elite Aviation Inc. v. City of Laredo, No. 04-19-00717-CV, 2020 WL 2044678 (Tex. App.—San Antonio Apr. 29, 2020).
“0215(a)(10); TEX. TRANSP. CODE ANN. § 22.002(a)(2). As the Texas Supreme Court has explained, legislative enumerations of particular functions as governmental “aid our inquiry” in cases involving contract claims as well as tort claims.”
City of Cleburne v. RT Gen., LLC, No. 10-20-00037-CV, 2020 WL 7394519 (Tex. App.—Waco Dec. 16, 2020).
“0215(a)(10); TEX. TRANSP. CODE ANN. § 22.002(a)(2). The City of Cleburne v.”
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