The Texas Attorney General's office issued a significant opinion on September 30, 2026, regarding the authority of the City of Harlingen over firefighter positions at Valley International Airport (VIA). This ruling affects civil service-classified firefighters currently assigned to provide aircraft rescue and firefighting (ARFF) services at the airport. The opinion clarifies how the city can manage these positions and whether it can outsource ARFF services.
The opinion, numbered KP-0536, was requested by Texas State Representative Ryan Guillen. He sought clarification on whether the City could eliminate civil service-classified firefighter roles and replace them with non-civil service employees or third-party contractors. This matter is particularly important as the VIA board and airport director have expressed interest in outsourcing these services.
Background
The City of Harlingen operates VIA under a federal certificate that mandates the provision of ARFF capabilities. Currently, civil service-classified firefighters perform these duties. However, the airport's management is considering changes that could affect these firefighters' positions, including potential layoffs or reassignment.
In his request, Representative Guillen raised several questions about the authority of the city to eliminate these firefighter positions and how any resulting vacancies could be filled. He noted that the city has a collective bargaining agreement with the firefighters' association and a memorandum of understanding with the VIA regarding fire personnel, complicating the situation further.
The Ruling
The Texas Attorney General, Ken Paxton, addressed the questions raised by Representative Guillen but noted that the office could not resolve disputed facts regarding the firefighters' current status and the city’s operational structure. The opinion stated, "The information provided here is not intended to affirm the validity of any particular action taken by the City or the VIA."
Paxton clarified that while the Fire Fighter and Police Officer Civil Service Act allows a municipality's governing body to abolish civil service-classified positions, such actions must be taken in good faith. The ruling emphasized that any decision to abolish positions should not merely aim to remove individuals from civil service protection or to outsource functions historically performed by civil service personnel.
Impact
This opinion has significant implications for the City of Harlingen and its firefighters. It establishes that the city must act in good faith when considering the abolishment of firefighter positions. The ruling also reinforces that vacancies in civil service positions must be filled according to the procedures outlined in the Act, which includes filling positions from a reinstatement list before considering other candidates.
Furthermore, the opinion clarifies that the Valley International Airport board and airport director do not have the authority to fill civil service positions. This means that any changes to the firefighter roles at the airport must adhere to the regulations set forth by the Texas Local Government Code.
What's Next
While the opinion provides clarity on these issues, it does not prevent the City of Harlingen from appealing or seeking further guidance on specific actions it may wish to take regarding firefighter positions. There is no indication of any related cases pending at this time. The city may need to navigate its collective bargaining agreement and other legal frameworks as it considers the future of ARFF services at VIA.