reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.034. Initial Election and Term of Office

Sec. 22.034.  INITIAL ELECTION AND TERM OF OFFICE.  (a)  If the municipality is divided into wards, at the initial election for officers of the municipality, the mayor and the two aldermen from each ward shall be elected.  The aldermen for each ward are the candidates from that ward who receive the highest and second highest number of votes at the initial election.
(b)  The two aldermen elected from each ward shall draw lots at the first regular meeting of the governing body of the municipality to determine which alderman serves for one year and which alderman serves for two years after the initial election.  At each following annual election, one alderman shall be elected from each ward for the regular term.
(c)  If the municipality is not divided into wards, the governing body by ordinance may determine the number and the manner of deciding which aldermen elected at the initial election for officers serve for one year and which serve for two years.
(d)  If the aldermen of the governing body of a municipality  are not serving staggered terms of office as provided by Subsection (c), the governing body by majority vote may establish staggered terms by requiring the aldermen to draw lots.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 405 (H.B. 1434), Sec. 1, eff. June 9, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.035. Regular Term of Office

Sec. 22.035.  REGULAR TERM OF OFFICE.  The mayor and aldermen of the municipality are elected for a term of two years unless a longer term is established under Article XI, Section 11, of the Texas Constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.036. Installation of Governing Body

Sec. 22.036.  INSTALLATION OF GOVERNING BODY.  On the fifth day after the date of the election, excluding Sundays, or as soon as possible after that fifth day, the newly elected governing body of the municipality shall meet at the usual meeting place and shall be installed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.037. Mayor as Presiding Officer; President Pro Tempore

Sec. 22.037.  MAYOR AS PRESIDING OFFICER;  PRESIDENT PRO TEMPORE.  (a)  The mayor shall preside at all meetings of the governing body of the municipality and, except in elections, may vote only if there is a tie.
(b)  At each new governing body's first meeting or as soon as practicable, the governing body shall elect one alderman to serve as president pro tempore for a term of one year.
(c)  If the mayor fails, is unable, or refuses to act, the president pro tempore shall perform the mayor's duties and is entitled to receive the fees and compensation prescribed for the mayor.
(d)  If the mayor and the president pro tempore are absent, any alderman may be appointed to preside at the meeting.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.038. Meetings

Sec. 22.038.  MEETINGS.  (a)  The governing body of the municipality shall meet at the time and place determined by a resolution adopted by the governing body.
(b)  The mayor may call a special meeting on the mayor's own motion and shall call a special meeting on the application of three aldermen.  Each member of the governing body, the secretary, and the municipal attorney must be notified of the special meeting.  The notice may be given personally or left at the person's usual place of residence.
(c)  The governing body shall determine the rules of its proceedings and may compel the attendance of absent members and punish them for disorderly conduct.
(d)  An alderman shall be fined $3 for each meeting that the alderman fails to attend unless the absence is caused by the alderman's illness or the illness of a family member.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 947 (H.B. 1734), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.039. Quorum

Sec. 22.039.  QUORUM.  A majority of the number of aldermen established by Section 22.031 for the municipality constitutes a quorum.  However, at a called meeting or at a meeting to consider the imposition of taxes, two-thirds of the number of aldermen established by that section constitutes a quorum unless provided otherwise.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.040. Change of Wards

Sec. 22.040.  CHANGE OF WARDS.  (a)  The governing body of the municipality may divide the municipality into as many wards as it considers necessary for the good of the residents and may change ward boundaries.  The wards must contain an equal number of voters as far as practicable.
(b)  The governing body may not change the number of wards or boundaries of a ward during the three-month period preceding the date of a municipal election.
(c)  The wards of a municipality that changes to a Type A general-law municipality under Subchapter B, Chapter 6, are not affected by that action.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.041. Vacancy on Governing Body Is Created

Sec. 22.041.  VACANCY ON GOVERNING BODY IS CREATED.  (a)  If an alderman moves from the ward from which the alderman is elected, the alderman's office is considered vacant.
(b)  If a member of the governing body is absent for three regular consecutive meetings, the member's office is considered vacant unless the member is sick or has first obtained a leave of absence at a regular meeting.
(c)  In addition to an absence described by Subsection (b), a member of a governing body is also considered absent for the purposes of that subsection if the member is not present at the adjournment of a meeting at which a quorum is established, unless the member is first allowed to withdraw by the unanimous vote of the members present. This subsection applies only to a municipality that is located in a county that borders the United Mexican States and contains a municipality with a population of 500,000 or more.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 995 (H.B. 2259), Sec. 1, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 120, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.042. Powers and Duties of Mayor

Sec. 22.042.  POWERS AND DUTIES OF MAYOR.  (a)  The mayor is the chief executive officer of the municipality.  The mayor shall at all times actively ensure that the laws and ordinances of the municipality are properly carried out.  The mayor shall perform the duties and exercise the powers prescribed by the governing body of the municipality.
(b)  The mayor shall inspect the conduct of each subordinate municipal officer and shall cause any negligence, carelessness, or other violation of duty to be prosecuted and punished.
(c)  The mayor shall give to the governing body any information, and shall recommend to the governing body any measure, that relates to improving the finances, police, health, security, cleanliness, comfort, ornament, or good government of the municipality.
(d)  The mayor may administer oaths of office.
(e)  In the event of a riot or unlawful assembly or to preserve the peace and good order in the municipality, the mayor may order and enforce the closing of a theater, ballroom, or other place of recreation or entertainment, or a public room or building and may order the arrest of a person who violates a state law or a municipal ordinance in the presence of the mayor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.043. Petitions and Remonstrances Presented to Governing Body

Sec. 22.043.  PETITIONS AND REMONSTRANCES PRESENTED TO GOVERNING BODY.  Petitions and remonstrances may be presented to the governing body of the municipality and must be in writing.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.071. Other Municipal Officers

Sec. 22.071.  OTHER MUNICIPAL OFFICERS.  (a)  In addition to the members of the governing body of the municipality, the other officers of the municipality are the secretary, treasurer, assessor and collector, municipal attorney, marshal, municipal engineer, and any other officers or agents authorized by the governing body.
(b)  The governing body by ordinance shall provide for the election or appointment of the officers provided by this section.
(c)  The governing body may confer on other municipal officers the powers and duties of an officer provided for by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.072. Powers and Duties of Municipal Officers; Bond

Sec. 22.072.  POWERS AND DUTIES OF MUNICIPAL OFFICERS;  BOND.  (a)  The governing body of the municipality may require a municipal officer whose duties are prescribed by this code to perform additional duties.
(b)  The governing body may prescribe the powers and duties of a municipal officer appointed or elected to an office under this code whose duties are not specified by this code.
(c)  The governing body may require a municipal officer to execute a bond payable to the municipality and conditioned that the officer will faithfully perform the duties of the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.073. Powers and Duties of Secretary

Sec. 22.073.  POWERS AND DUTIES OF SECRETARY.  (a)  The secretary of the municipality shall attend each meeting of the governing body of the municipality and shall keep, in a record provided for that purpose, accurate minutes of the governing body's proceedings.
(b)  The secretary shall:
(1)  engross and enroll all laws, resolutions, and ordinances of the governing body;
(2)  keep the corporate seal;
(3)  take charge of, arrange, and maintain the records of the governing body;
(4)  countersign all commissions issued to municipal officers and all licenses issued by the mayor, and keep a record of those commissions and licenses;  and
(5)  prepare all notices required under any regulation or ordinance of the municipality.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1324, Sec. 5(2), eff. June 17, 2011.
(d)  The secretary shall draw all the warrants on the treasurer, countersign the warrants, and keep, in a record provided for that purpose, an accurate account of the warrants.
(e)  The secretary serves as the general accountant of the municipality and shall keep regular accounts of the municipal receipts and disbursements.  The secretary shall keep each cause of receipt and disbursement separately and under proper headings.  The secretary shall also keep separate accounts with each person, including each officer, who has monetary transactions with the municipality.  The secretary shall credit accounts allowed by proper authority and shall specify the particular transaction to which each entry applies.  The secretary shall keep records of the accounts and other information covered by this subsection.
(f)  The secretary shall keep a register of bonds and bills issued by the municipality and all evidence of debt due and payable to the municipality, noting the relevant particulars and facts as they occur.
(g)  The secretary shall carefully keep all contracts made by the governing body.
(h)  The secretary shall perform all other duties required by law, ordinance, resolution, or order of the governing body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 47, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 3(2), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 5(2), eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.074. Certification of Secretaries

Sec. 22.074.  CERTIFICATION OF SECRETARIES.  (a)  In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(b)  A person may be certified to practice as a municipal secretary in this state.  The person shall be granted a certificate on completion of a program of instruction for municipal secretaries conducted at an institution of higher education.
(c)  A private association of secretaries of municipalities may contract with an institution of higher education to use the facilities of the institution to provide a program of instruction for municipal secretaries.  The association shall develop the program with the assistance of the institution.  The institution shall approve a program that meets qualifications for approval developed by the institution.  The association shall conduct the program at the institution.
(d)  A private association of secretaries that establishes a program of instruction under this section shall pay the costs of the program, including the payment of a reasonable fee to the institution that houses the program for the use of the institution's facilities.  State funds may not be appropriated to finance a certification program established under this section.
(e)  A private association of secretaries that establishes a program of instruction under this section shall issue a certificate to each person who successfully completes the program.  A person who holds a certificate issued under this section must renew the certificate not later than five years after the date on which the original certificate was issued.  The person may renew the certificate on completion of a supplementary program of instruction conducted at the institution of higher education.
(f)  This section does not require a person to be certified as a municipal secretary in order to practice in that capacity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.075. Bond and Duties of Treasurer

Sec. 22.075.  BOND AND DUTIES OF TREASURER.  (a)  The treasurer of the municipality shall execute a bond.  The bond must:
(1)  be in favor of the municipality;
(2)  be in the form and amount required by the governing body of the municipality;
(3)  have security approved as sufficient by the governing body;  and
(4)  be conditioned that the treasurer will faithfully discharge the duties of the office.
(b)  The treasurer shall receive and securely keep all money belonging to the municipality.  The treasurer shall make all payments on the order of the mayor, attested by the secretary of the municipality under the seal of the municipality.  The treasurer may not pay an order unless the face of the order shows that the governing body directed the issuance of the order and shows the purpose for which it is issued.
(c)  The treasurer shall render to the governing body a full statement of the receipts and payments.  The statement must be rendered at the governing body's first regular meeting in every quarter and at other times as required by the governing body.
(d)  The treasurer shall perform other acts and duties as the governing body requires.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.076. Bond of Marshal; Abolition of Office

Sec. 22.076.  BOND OF MARSHAL;  ABOLITION OF OFFICE.  (a)  The marshal of the municipality shall execute a bond.  The bond must be conditioned that the marshal will faithfully perform the official duties as the governing body of the municipality may require.
(b)  The governing body of a municipality with a population of less than 5,000 by ordinance may abolish the office of marshal and, at the same time in the ordinance, confer the duties of the office on a municipal police officer appointed as the governing body directs or on any other peace officer of the county.  However, an elected marshal may not be removed from office under this subsection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter C. Other Municipal Officers › Section 22.077. Removal of Municipal Officers

Sec. 22.077.  REMOVAL OF MUNICIPAL OFFICERS.  (a)  The governing body of the municipality may remove a municipal officer for incompetency, corruption, misconduct, or malfeasance in office after providing the officer with due notice and an opportunity to be heard.
(b)  If the governing body lacks confidence in a municipal officer appointed by the governing body, the governing body may remove the officer at any time.  The removal is effective only if two-thirds of the elected aldermen vote in favor of a resolution declaring the lack of confidence.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter A. General Provisions › Section 23.001. Chapter Applicable to Type B General-Law Municipality

Sec. 23.001.  CHAPTER APPLICABLE TO TYPE B GENERAL-LAW MUNICIPALITY.  This chapter applies only to a Type B general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter A. General Provisions › Section 23.002. Filling Vacancy in Municipal Office

Sec. 23.002.  FILLING VACANCY IN MUNICIPAL OFFICE.  (a)  The aldermen on the governing body of the municipality shall fill any vacancy that occurs in an office created by this chapter or created under this chapter by the governing body unless an election to fill the vacancy is required by Article XI, Section 11, of the Texas Constitution.  The vacant office shall be filled for the unexpired term only.
(b)  A person serving as a member of the governing body is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 513 (S.B. 653), Sec. 2, eff. June 16, 2007.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.021. Initial Election of Governing Body and Marshal

Sec. 23.021.  INITIAL ELECTION OF GOVERNING BODY AND MARSHAL.  Immediately after the municipality has incorporated, the county judge of the county in which the municipality is located shall order an election for a mayor, five aldermen, and a marshal.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.022. Initial Mayor

Sec. 23.022.  INITIAL MAYOR.  Immediately after election returns for the initial election for municipal officers have been made, the county judge shall commission the candidate who received the highest number of votes for the office of mayor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.023. Regular Annual Election

Sec. 23.023.  REGULAR ANNUAL ELECTION.  (a)  After the initial election, the election for the mayor, aldermen, and marshal shall be held annually, except as otherwise provided by law, on an authorized uniform election date as provided by Chapter 41, Election Code.
(b)  The mayor, or any two aldermen if the mayor is unable or refuses to act, shall order the election.
(c)  In addition to the notice required by Chapter 4, Election Code, the authority ordering the election shall post notice for at least the 20 days preceding election day in at least three public places within the municipal limits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.024. Qualifications of Governing Body and Marshal; Bond for Marshal

Sec. 23.024.  QUALIFICATIONS OF GOVERNING BODY AND MARSHAL;  BOND FOR MARSHAL.  (a)  To be eligible for the office of mayor, alderman, or marshal of the municipality, a person must be a qualified voter in the municipality and must have resided within the municipal limits for at least the six months preceding election day.
(b)  The governing body shall prescribe the bond and security that the marshal must execute.  The bond must be executed within five days after the date the marshal is elected or appointed, must be approved by the mayor before the marshal begins to perform the duties of the office, and must be payable to the municipality.  If the marshal does not execute the bond within the required period, the governing body may appoint another person to the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.025. Initial Term of Office

Sec. 23.025.  INITIAL TERM OF OFFICE.  The mayor, aldermen, and marshal elected at the initial election under Section 23.021 hold office until their successors have been duly elected at the following annual municipal election and have qualified.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.026. Regular Term of Office

Sec. 23.026.  REGULAR TERM OF OFFICE.  (a)  The mayor, aldermen, and marshal of the municipality are elected for a term of one year unless a longer term is established under Subsection (b) or under Article XI, Section 11, of the Texas Constitution.
(b)  In lieu of one-year terms of office, the governing body may provide by ordinance for two-year staggered terms of office for the mayor and aldermen.  If the governing body adopts the ordinance, the mayor and two aldermen serve for a term of two years.  The two aldermen who serve two-year terms are determined by drawing lots at the first meeting of the governing body following the annual municipal election held after the ordinance is adopted.  The remaining aldermen hold office for an initial term of one year.  Thereafter, all members of the governing body serve for a term of two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.027. President; President Pro Tempore

Sec. 23.027.  PRESIDENT;  PRESIDENT PRO TEMPORE.  (a)  The mayor is the president of the governing body of the municipality.
(b)  At the first meeting of each new governing body or as soon as practicable, the governing body shall elect one alderman to serve as president pro tempore for a term of one year.  The president pro tempore performs the duties of the mayor if the mayor fails, is unable, or refuses to act.
(c)  If the mayor and president pro tempore are absent from a meeting, the aldermen present at the meeting may appoint any alderman to act as the presiding officer if a quorum is present.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.028. Quorum

Sec. 23.028.  QUORUM.  (a)  The mayor and three aldermen constitute a quorum.
(b)  If the mayor is absent, four aldermen constitute a quorum.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter B. Governing Body and Marshal › Section 23.029. Abolition of Office of Marshal

Sec. 23.029.  ABOLITION OF OFFICE OF MARSHAL.  The governing body of a municipality with a population of less than 5,000 by ordinance may abolish the office of marshal and, by the same ordinance, confer the duties of the office on a municipal police officer appointed as the governing body directs or on any other peace officer of the county.  However, an elected marshal may not be removed from office under this section.
Added by Acts 1995, 74th Leg., ch. 573, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter C. Other Municipal Officers › Section 23.051. Other Municipal Officers

Sec. 23.051.  OTHER MUNICIPAL OFFICERS.  The governing body of the municipality may appoint officers, other than the mayor, aldermen, or marshal, as necessary to carry out the municipality's functions under this code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter C. Other Municipal Officers › Section 23.052. Duties of Municipal Officers; Bond

Sec. 23.052.  DUTIES OF MUNICIPAL OFFICERS;  BOND.  (a)  The governing body of the municipality may prescribe the duties of the officers it appoints under this subchapter.
(b)  The governing body shall prescribe the bonds and security that an appointed municipal officer must execute.  The bond must be executed within five days after the date the officer is appointed, must be approved by the mayor before the officer begins to perform the duties of the office, and must be payable to the municipality.  If the officer does not execute the bond within the required period, the governing body may appoint another person to the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 23 - Aldermanic Form of Government in Type B General-Law Municipality › Subchapter C. Other Municipal Officers › Section 23.053. Removal of Municipal Officers

Sec. 23.053.  REMOVAL OF MUNICIPAL OFFICERS.  The governing body of the municipality may dismiss at any time the officers that it appoints under this subchapter and may appoint others in their places.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter A. General Provisions › Section 24.001. Chapter Applicable to Type C General-Law Municipality

Sec. 24.001.  CHAPTER APPLICABLE TO TYPE C GENERAL-LAW MUNICIPALITY.  This chapter applies only to a Type C general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter B. Governing Body › Section 24.021. Initial Election of Governing Body of Community Incorporating as Type C General-Law Municipality; Initial Term

Sec. 24.021.  INITIAL ELECTION OF GOVERNING BODY OF COMMUNITY INCORPORATING AS TYPE C GENERAL-LAW MUNICIPALITY;  INITIAL TERM.  (a)  At the election at which a community votes to incorporate as a Type C general-law municipality, a mayor and two commissioners must be elected.
(b)  The officers elected under this section serve until the date of the first regular election for municipal officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter B. Governing Body › Section 24.022. Initial Election of Governing Body of Municipality Changing to Type C General-Law Municipality; Initial Term

Sec. 24.022.  INITIAL ELECTION OF GOVERNING BODY OF MUNICIPALITY CHANGING TO TYPE C GENERAL-LAW MUNICIPALITY;  INITIAL TERM.  (a)  The mayor of a municipality that votes to change to a Type C general-law municipality continues to hold office for the term for which the mayor was elected.
(b)  At the election at which a municipality votes to change to a Type C general-law municipality, two commissioners shall be elected.  The commissioners serve until the date of the first regular election for municipal officers.
(c)  After the initial commissioners elected under Subsection (b) have qualified for office, the offices of the former governing body of the municipality are abolished and the mayor and the commissioners constitute the governing body of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter B. Governing Body › Section 24.023. Regular Term of Office; Regular Election Date

Sec. 24.023.  REGULAR TERM OF OFFICE;  REGULAR ELECTION DATE.  (a)  The mayor and commissioners of the municipality serve for a term of two years unless a longer term is established under Article XI, Section 11, of the Texas Constitution.
(b)  The election for mayor and commissioners shall be held on an authorized uniform election date as provided by Chapter 41, Election Code.
(c)  The first regular election must be on an authorized uniform election date occurring:
(1)  in the case of a community incorporating as a Type C general-law municipality, within one year after the expiration of the month in which the incorporation election is held;  or
(2)  in the case of a municipality changing to a Type C general-law municipality, within one year after the month in which the election on the change is held.
(d)  In a city incorporated under this chapter with a population of over 10,000 residents, the governing body may adopt an ordinance to determine if commissioners may be elected in alternate years or in the same election year.  Elections under this subsection shall be held on an authorized uniform election date as provided by Chapter 41, Election Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 555 (H.B. 2920), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter B. Governing Body › Section 24.024. Bond of Mayor and Commissioners

Sec. 24.024.  BOND OF MAYOR AND COMMISSIONERS.  (a)  The mayor and each commissioner of the municipality must execute a bond.  The bond must be:
(1)  in the amount of $3,000;
(2)  conditioned that the mayor or commissioner will faithfully perform the duties of the office;
(3)  payable to the municipality for its use and benefit;  and
(4)  approved by the governing body.
(b)  The bonds of the initial commissioners must be approved by the governing body within 20 days after the date the county judge or the mayor enters the order under Section 8.006 or 8.026.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter B. Governing Body › Section 24.025. Meetings

Sec. 24.025.  MEETINGS.  (a)  The governing body of the municipality shall hold at least one regular monthly meeting.
(b)  The mayor or two commissioners may call special meetings as necessary to attend to municipal business.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter B. Governing Body › Section 24.026. Filling Vacancy on Governing Body

Sec. 24.026.  FILLING VACANCY ON GOVERNING BODY.  (a)  If the mayor or commissioner of a municipality dies or resigns, the other members of the governing body of the municipality shall appoint a person to fill the vacancy.  A person serving as a member of the governing body is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.
(b)  If, because of death, resignation, failure to qualify, or other reason, vacancies exist in the offices of mayor and commissioner at the same time or in the offices of two commissioners at the same time, the county judge shall order a special election to fill the vacancies.  The election is governed by the provisions applicable to an election under Subchapter A, Chapter 8.
(c)  The county judge shall certify the results of the election to the clerk of the governing body and the clerk shall enter the results in the minutes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 513 (S.B. 653), Sec. 3, eff. June 16, 2007.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter C. Other Municipal Officers › Section 24.051. Other Municipal Officers; Duties

Sec. 24.051.  OTHER MUNICIPAL OFFICERS;  DUTIES.  (a)  The governing body of the municipality may appoint a municipal attorney and other officers that the governing body considers necessary.
(b)  The governing body may define the duties of the officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter C. Other Municipal Officers › Section 24.052. Clerk and Tax Assessor-Collector; Bond; Powers and Duties

Sec. 24.052.  CLERK AND TAX ASSESSOR-COLLECTOR;  BOND;  POWERS AND DUTIES.  (a)  The governing body of the municipality shall appoint a competent person as clerk of the municipality.  The clerk is also the tax assessor-collector of the municipality.
(b)  Before beginning to perform the duties of the office, the clerk must execute a good and sufficient bond with a surety company authorized to do business in this state.  The bond must be:
(1)  in an amount determined by the governing body to be sufficient to protect the funds of the municipality, but not less than twice the largest amount collected at any one time in the preceding fiscal or calendar year;
(2)  approved by the governing body;  and
(3)  filed and recorded in the minutes of the governing body.
(c)  The clerk has the same powers and duties that are imposed by the general laws on the clerk, treasurer, and tax assessor-collector of a Type A or Type B general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter C. Other Municipal Officers › Section 24.053. Abolition of Municipal Office; Discharge of Officer or Employee

Sec. 24.053.  ABOLITION OF MUNICIPAL OFFICE;  DISCHARGE OF OFFICER OR EMPLOYEE.  At any time, the governing body of the municipality may abolish an office that it creates and may discharge an officer, clerk, or employee that it appoints.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 24 - Commission Form of Government in General-Law Municipality › Subchapter D. Change From Commission Form of Government to Another Form › Section 24.071. Change From Commission Form of Government to Another Form

Sec. 24.071.  CHANGE FROM COMMISSION FORM OF GOVERNMENT TO ANOTHER FORM.  (a)  A Type C general-law municipality operating under the commission form of government may adopt the aldermanic form of government provided by Chapter 22 or may adopt any other lawful form of government by majority vote at an election ordered and held for that purpose.
(b)  An election to consider changing from the commission form of government to another form of government must be ordered and held as provided by the provisions of Subchapter B, Chapter 8, relating to an election to change to a Type C general-law municipality.
(c)  If a Type C general-law municipality adopts the aldermanic form of government, the mayor and two commissioners holding office immediately before the election continue to hold office as mayor and aldermen for the remainder of their terms.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter A. General Provisions › Section 25.001. Chapter Applicable to General-Law Municipality With Population of Less Than 5,000

Sec. 25.001.  CHAPTER APPLICABLE TO GENERAL-LAW MUNICIPALITY WITH POPULATION OF LESS THAN 5,000.  This chapter applies only to a general-law municipality with a population of less than 5,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.021. Adoption of City Manager Form of Government

Sec. 25.021.  ADOPTION OF CITY MANAGER FORM OF GOVERNMENT.  The municipality, by first holding an election on the question, may adopt the city manager form of government.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.022. Petition

Sec. 25.022.  PETITION.  (a)  The residents of the municipality may file a petition with the clerk of the municipality requesting the mayor to call a special election to determine whether the municipality shall adopt the city manager form of government.
(b)  The petition must be signed by a number of qualified voters equal to at least 20 percent of the total number of qualified voters who voted for mayor at the most recent municipal election at which the office of mayor was to be filled.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.023. Proclamation Ordering Election

Sec. 25.023.  PROCLAMATION ORDERING ELECTION.  (a)  Within 10 days after the date a petition is filed, the mayor of the municipality shall issue a proclamation ordering a special election.
(b)  The proclamation must state that the election is ordered to determine whether the municipality will adopt the city manager form of government and must be signed by the mayor and attested by the clerk of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.024. Notice of Election

Sec. 25.024.  NOTICE OF ELECTION.  A copy of the proclamation must be posted in at least five conspicuous places in the municipality for at least the 10 days preceding election day.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.025. Election; Adoption

Sec. 25.025.  ELECTION;  ADOPTION.  (a)  After a petition is filed, an election to consider the adoption of the city manager form of government must be held on the first authorized uniform election date prescribed by the Election Code that occurs after the date the petition is filed under Section 25.022 and that affords enough time to hold the election in the manner required by law.  Each qualified voter in the municipality is entitled to vote in the election.
(b)  The ballots at an election under this subchapter shall be printed to provide for voting for or against the proposition:  The governing body of the municipality of ____________________ (name of the municipality) appointing a city manager and setting by ordinance the salary of the manager.
(c)  A municipality holding an election under this subchapter shall operate under the city manager form of government if a majority of the votes cast at the election are for its adoption.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.026. Appointment of City Manager

Sec. 25.026.  APPOINTMENT OF CITY MANAGER.  If the city manager form of government is adopted, the governing body of the municipality shall appoint a city manager within 60 days after the election day and by ordinance shall set the manager's salary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.027. Qualifications of City Manager

Sec. 25.027.  QUALIFICATIONS OF CITY MANAGER.  (a)  The governing body of the municipality shall appoint the city manager solely on the basis of the person's administrative ability.
(b)  The city manager is not required to meet any residency qualifications.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.