City of Garland v. Byrd

OPINION

Opinion by

Justice MORRIS.

In this appeal arising from cross-motions for summary judgment, the City of Garland, Texas challenges the trial court’s judgment declaring section 143.057 of the Texas Local Government Code constitutional on its face. The City contends the statute is an unconstitutional delegation of legislative power. After examining the statute in light of the factors specified by the Texas Supreme Court in Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen, 952 S.W.2d 454, 472 (Tex.1997), we conclude the statute is constitutional and affirm the trial court’s judgment.