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By what statute can a municipality in Texas bring a suit and style it "State of Texas vs John Doe"?

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preponderance

New member
Looking at Texas code Sec. 54.012. we see that "A municipality may bring a civil action for the enforcement of an ordinance" however in a summons from the City of Corpus Christi regarding a violation for "FAILURE TO KEEP SIDEWALKS CLEAN", it is worded so as to give the impression that there has been a violation of state law. The wording is "...must appear... then and there to answer to the State of Texas by and through the City of Corpus Christi for a misdemeanor offense committed against the laws of the State of Texas (ordinances of the said City), to wit:..."
I thought that a violation of the laws of the state of Texas would not be a civil matter, but would be a criminal matter. It appears to me that the City of Corpus Christi is not being honest and acting itself outside the law. There is no mention in the summons that this is a civil matter and many would be led to believe by the appearance of the summons that it in fact is a criminal matter.

By what statute can a municipality in Texas bring a suit and style it "State of Texas vs John Doe"?
 


Taxing Matters

Overtaxed Member
I thought that a violation of the laws of the state of Texas would not be a civil matter, but would be a criminal matter.

The federal, state, and local governments all have both civil and criminal laws. So it is indeed possible, for example, for the state of Texas to sue a person in a civil matter and the case would be captioned "State of Texas v." defendant. In certain actions in Texas it appears it is proper for the city to bring an action that is captioned "The State of Texas by and through the City of ________ v." defendant. Doing that does NOT imply it is a criminal matter. You have to look at the substance of the complaint to see what the matter is about. There is nothing necessarily improper or misleading going on here.

 

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