Texas Code § 399.003

EXERCISE OF POWERS
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Sec. 399.003. EXERCISE OF POWERS. (a) In addition to the authority provided by Chapter 376 for municipalities, the governing body of a local government that establishes a program in accordance with the requirements provided by Section 399.008 may exercise powers granted under this chapter.
(b) The establishment and operation of a program under this chapter by a local government is a governmental function for all purposes.

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