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Statutes updated from Official Statutes on: January 26, 2022
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Phantom Fireworks relies primarily on the language of section 791.001 to argue that the statute expressly preempts local ordinances. As quoted earlier, that section states:The Texas Interlocal Cooperation Act (the "Act") allows political subdivisions to contract with one another to more efficiently share resources and responsibilities. TEX. GOV'T CODE §§ 791.001-.033 ("The purpose of this chapter is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state."). Id. § 791.001. Under the Act, a local government may contract with another local government to perform authorized governmental functions and services. Id. § 791.011 Local governments under the Act include municipalities, special districts, counties, and other political subdivisions, as well as combinations of such entities. Id. § 791.003(4).Chapter 791, entitled "Sale of Fireworks," is a relatively short chapter. It begins with section 791.001, which provides:MRSW urges that chapter 791 of the Government Code does not apply because its purpose is limited to “increas[ing] the efficiency and effectiveness of local governments.” SeeTex. Gov't Code § 791.001. MRSW argues that NCTCOG's challenged actions did not “increase the efficiency and effectiveness of local governments” and that section 791.025 “cannot be read to include the use of a local government, including a council of governments, as a mere purchasing agent for the State, where no local government or council received any benefit.” Section 791.001, however, expressly authorizes local governments like NCTCOG “to contract, to the greatest possible extent ... with agencies of the state.” See id. We decline to interpret section 791.001 to preclude section 791.025's application here. See Parker, 249 S.W.3d at 396.§ 791.001, Fla. Stat. (2006).To answer this question, we first determine whether TML is a governmental entity. The Texas Legislature has expressly authorized groups of political subdivisions to enter into interlocal agreements to establish risk pools to provide health benefits coverage for their officials and employees. TEX. LOC. GOV'T CODE ANN. § 172.004(a); see also TEX. GOV'T CODE ANN. §§ 791.001, 791.011, 2259.031(a). Under the Texas Interlocal Cooperation Act, those political subdivisions are empowered to contract with one another through interlocal agreements to pool their resources and collectively self-insure against insurable risks and hazards. See TEX. GOV'T CODE ANN. §§ 791.001, 791.011. TML is such a pool; it has over 900 members from more than forty different types of political subdivisions, all participating in the risk pool to provide self-insured health coverage for their officials, employees, and other relevant persons. See TML Intergovernmental Emp. Benefits Pool v. Prudential Ins. Co. of Am., 144 S.W.3d 600, 603 (Tex. App.—Austin 2004, pet. denied) ("The Pool was created to provide health benefits coverage to employees of political subdivisions.").Chapter 791, entitled "Sale of Fireworks," is a relatively short chapter. It begins with section 791.001, which provides:Chapter 791, the Interlocal Cooperation Act, authorizes local governments, including cities, to contract with each other, in accordance with the act's requirements, to perform governmental functions and services. See Tex. Gov't Code Ann. §§ 791.001, 791.011(a) (Vernon 1994 Supp. 2003). "Governmental functions and services" here include fire protection. See id. § 791.003(3)(B) (Vernon Supp. 2003). Section 791.006 imposes on a governmental unit that obtains or requests fire department services "any civil liability" that may arise from providing those services:After the State rested, Lundy moved for a judgment of acquittal, arguing that the State had failed to establish (a) constructive possession of the ammunition and (b) live "ammunition" as defined in section 791.001(19), Florida Statutes (2014). The trial court denied the motion as to constructive possession, and reserved ruling as to the "ammunition" issue.See s. 791.001, Fla. Stat., stating: "This chapter [governing the sale of fireworks] shall be applied uniformly throughout the state." Cf s. 553.98, Fla. Stat., addressing the development of building codes for radon-resistant buildings, stating that "[t]he standards shall apply uniformly to the entire jurisdictions that adopt the standards."