2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.044. Election From Single-Member and At-Large Districts; Limitation on Years of Service

Sec. 26.044.  ELECTION FROM SINGLE-MEMBER AND AT-LARGE DISTRICTS;  LIMITATION ON YEARS OF SERVICE.  (a)  The governing body of a municipality with a population of 1.5 million or more must consist of one mayor elected at large, 16 members elected from single-member districts, and six members elected at large.  Each member representing a single-member district must reside in the district.
(b)  This section supersedes any charter provision or ordinance adopted before January 1, 1992. The municipality may adopt a different composition or organization of its governing body in a manner provided by its charter on or after January 1, 1992.
(c)  The municipality may provide for the members of the governing body to serve staggered terms.
(d)  After each redistricting, the terms of the members of the governing body representing single-member districts expire, and an election shall be held in each new district to fill the position for that district.
(e)  The districts must be compact and contiguous and as equal as practicable in population.
(f)  A municipality having the population provided by Subsection (a) according to the 1980 federal decennial census and covered by Subsection (a) under the 1990 federal decennial census must comply with Subsection (a) not later than May 1, 1992. Before that date, the governing body of the municipality may implement the transition to a governing body that complies with Subsection (a) as it determines appropriate.
(g)  A municipality to which this section applies for the first time under the 1990 or a subsequent federal decennial census must comply with Subsection (a) before the next January 1 that occurs at least one year after the date the official census data for the municipality is made public by the United States Bureau of the Census.
(h)  Subsections (a) through (f) apply to a municipality having the population described by Subsection (a) under the 1980 and 1990 federal decennial censuses only if a finding is made that representation of the citizens of the municipality requires that the governing body consist of members as required by Subsection (a). The finding must be made by the voters of the municipality voting at an election on the question.  The mayor of the municipality shall order an election on the question for the November 1991 uniform election date.  The mayor shall order the ballot for the election to be printed to provide for voting for or against the proposition:  "Representation of the citizens of the municipality of (name of the municipality) requires that the governing body of the municipality consist of (a description of the requirements of Subsection (a))." If a majority of the votes cast at the election favor the proposition, the finding required by this subsection is considered to have been made, and this section shall be implemented in the municipality.  If a majority of the votes cast are not in favor of the proposition, this section has no effect in the municipality.
(i)  If this section takes effect on or before July 1, 1991, the election as required by Subsection (h) shall be held on August 10, 1991, as required by Section 41.001, Election Code, instead of on the November 1991 uniform election date.
(j)  Repealed by Acts 1993, 73rd Leg., ch. 919, Sec. 2, eff. Aug. 30, 1993.
Added by Acts 1991, 72nd Leg., ch. 666, Sec. 1, eff. June 16, 1991.  Amended by Acts 1993, 73rd Leg., ch. 919, Sec. 2, eff. Aug. 30, 1993.