context: There, the statutory language clearly and unmistakably limits the City's home-rule authority to restrict the rights of other entities to contract for the removal of grease, grit, lint, and sand trap waste. Unlike the language in subsection (h), the language in subsection (f) operates independently of any general grant of authority conferred by the Code and reads similarly to the language construed as unmistakably clear legislative intent in Laredo Merchants.
citation_a.signal: cf.
citation_a.identifier: 7 S.W.3d 109, 122-23
citation_a.parenthetical: reasoning that silence will not be construed as unmistakably clear legislative intent to limit a home-rule city's authority on an issue
citation_a.sentence: See Laredo Merchs., 2016 WL 4376627, at *5 (citing Tex. Health & Safety Code Ann. § 361.0961) (“A local government ... may not adopt an ordinance ... to ... prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law[.]”); S. Crushed Concrete, 398 S.W.3d at 679 (holding that a statute stating that “a city ordinance ‘may not make unlawful a condition or act approved or authorized under [the Act] or the [C]ommission’s rules or orders’ ” was unmistakably clear); cf. Quick v. City of Austin, 7 S.W.3d 109, 122-23 (Tex. 1998) (reasoning that silence will not be construed as unmistakably clear legislative intent to limit a home-rule city’s authority on an issue). In contrast, the language in subsection (h) is not unmistakably clear in this regard and, at best, appears to only define the limitations of the section itself — as opposed to the City’s limitations.
citation_b.signal: see
citation_b.identifier: 398 S.W.3d 679, 679
citation_b.parenthetical: holding that a statute stating that "a city ordinance 'may not make unlawful a condition or act approved or authorized under [the Act] or the [C]ommission's rules or orders' " was unmistakably clear
citation_b.sentence: See Laredo Merchs., 2016 WL 4376627, at *5 (citing Tex. Health & Safety Code Ann. § 361.0961) (“A local government ... may not adopt an ordinance ... to ... prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law[.]”); S. Crushed Concrete, 398 S.W.3d at 679 (holding that a statute stating that “a city ordinance ‘may not make unlawful a condition or act approved or authorized under [the Act] or the [C]ommission’s rules or orders’ ” was unmistakably clear); cf. Quick v. City of Austin, 7 S.W.3d 109, 122-23 (Tex. 1998) (reasoning that silence will not be construed as unmistakably clear legislative intent to limit a home-rule city’s authority on an issue). In contrast, the language in subsection (h) is not unmistakably clear in this regard and, at best, appears to only define the limitations of the section itself — as opposed to the City’s limitations.