reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter Z. Miscellaneous Provisions › Section 43.9051. Effect of Annexation on Public Entities or Political Subdivisions

Sec. 43.9051.  EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS.  (a)  In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B).
(b)  A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable:
(1)  the hearing under Section 43.0673; or
(2)  the first hearing under Section 43.063, 43.0683, or 43.0693.
(c)  A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement.
(d)  A notice to a public entity or political subdivision shall contain a description of:
(1)  the area proposed for annexation;
(2)  any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and
(3)  any proposal the municipality has to abate, reduce, or limit any financial impact on the public entity or political subdivision.
(e)  The municipality may not proceed with the annexation unless the municipality provides the required notice under this section.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 42, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.18, eff. May 24, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter Z. Miscellaneous Provisions › Section 43.907. Effect of Annexation on Colonias

Sec. 43.907.  EFFECT OF ANNEXATION ON COLONIAS.  (a)  In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that:
(1)  has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or
(2)  has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs.
(b)  A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred.
Added by Acts 1999, 76th Leg., ch. 218, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 43.905 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(84), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 18, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter Z. Miscellaneous Provisions › Section 43.908. Enforcement of Chapter

Sec. 43.908.  ENFORCEMENT OF CHAPTER.  (a)  This chapter may be enforced only through mandamus or declaratory or injunctive relief.
(b)  A political subdivision's immunity from suit is waived in regard to an action under this chapter.
(c)  A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 43, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter A. General Provisions › Section 51.001. Ordinance, Rule, or Regulation Necessary to Carry Out Other Powers

Sec. 51.001.  ORDINANCE, RULE, OR REGULATION NECESSARY TO CARRY OUT OTHER POWERS.  The governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule, or police regulation that:
(1)  is for the good government, peace, or order of the municipality or for the trade and commerce of the municipality;  and
(2)  is necessary or proper for carrying out a power granted by law to the municipality or to an office or department 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter A. General Provisions › Section 51.002. Ordinance or Rules Inconsistent With State Law Prohibited

Sec. 51.002.  ORDINANCE OR RULES INCONSISTENT WITH STATE LAW PROHIBITED.  Notwithstanding Section 51.001, the governing body of a municipality may adopt, enforce, or maintain an ordinance or rule only if the ordinance or rule is consistent with the laws of this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter A. General Provisions › Section 51.003. Municipal Act or Proceeding Presumed Valid

Sec. 51.003.  MUNICIPAL ACT OR PROCEEDING PRESUMED VALID.  (a)  A governmental act or proceeding of a municipality is conclusively presumed, as of the date it occurred, to be valid and to have occurred in accordance with all applicable statutes and ordinances if:
(1)  the third anniversary of the effective date of the act or proceeding has expired;  and
(2)  a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary.
(b)  This section does not apply to:
(1)  an act or proceeding that was void at the time it occurred;
(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred;
(3)  an incorporation or attempted incorporation of a municipality, or an annexation or attempted annexation of territory by a municipality, within the incorporated boundaries or extraterritorial jurisdiction of another municipality that occurred without the consent of the other municipality in violation of Chapter 42 or 43;
(4)  an ordinance that, at the time it was passed, was preempted by a statute of this state or the United States, including Section 1.06 or 109.57, Alcoholic Beverage Code;  or
(5)  a matter that on the effective date of this section:
(A)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court;  or
(B)  has been held invalid by a final judgment of a court.
Added by Acts 1999, 76th Leg., ch. 1338, Sec. 1, eff. June 19, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.011. Subchapter Applicable to Type a General-Law Municipality

Sec. 51.011.  SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY.  This subchapter applies only to a Type A 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.012. Ordinances and Regulations

Sec. 51.012.  ORDINANCES AND REGULATIONS.  The municipality may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.013. Authority Relating to Lawsuits

Sec. 51.013.  AUTHORITY RELATING TO LAWSUITS.  The municipality may sue and be sued, implead and be impleaded, and answer and be answered in any matter in any court or other place.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.014. Authority to Contract

Sec. 51.014.  AUTHORITY TO CONTRACT.  The municipality may contract with other persons.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.015. Authority to Hold, Purchase, Lease, or Convey Property

Sec. 51.015.  AUTHORITY TO HOLD, PURCHASE, LEASE, OR CONVEY PROPERTY.  (a)  To carry out a municipal purpose, the municipality may take, hold, purchase, lease, grant, or convey property located in or outside the municipality.
(b)  The governing body of the municipality may manage and control the property belonging to 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.016. Adoption and Use of Seal

Sec. 51.016.  ADOPTION AND USE OF SEAL.  The municipality may adopt a corporate seal for the use of the municipality.  The municipality may change and renew the seal.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.017. Continuation of Powers, Duties, Penalties, and Suits After Change to Type a General-Law Municipality

Sec. 51.017.  CONTINUATION OF POWERS, DUTIES, PENALTIES, AND SUITS AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.  (a)  This section applies only to a Type A general-law municipality that:
(1)  changed to that type under Subchapter B of Chapter 6;   or
(2)  changed its municipal type under the predecessor statutes to Subchapter B of Chapter 6.
(b)  The municipality continues to have the powers, rights, immunities, privileges, and franchises possessed at the time the municipality changed to a Type A general-law municipality and continues to be subject to the duties it had at the time of the change.
(c)  A right, action, fine, penalty, or forfeiture that, under the laws in effect before the municipality changed to a Type A general-law municipality, accrued in favor of the municipality in a suit or in any other manner continues to be vested in and shall be prosecuted by the municipality after the change.
(d)  A suit pending against the municipality before the municipality changed to a Type A general-law municipality is not affected by the change.  After the change, the municipality shall, as appropriate, prosecute or defend the suit.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter B. Provisions Applicable to Type a General-Law Municipality › Section 51.018. Ownership and Sale of Property After Change to Type a General-Law Municipality

Sec. 51.018.  OWNERSHIP AND SALE OF PROPERTY AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.  (a)  This section applies only to a Type A general-law municipality described by Section 51.017(a).
(b)  The property belonging to the municipality before it changed to a Type A general-law municipality continues to belong to the municipality after the change.
(c)  If, before changing to a Type A general-law municipality, the municipality was incorporated under a law of the Republic of Texas, the governing body of the municipality may sell the property and appropriate the proceeds of the sale for the acquisition, construction, maintenance, or operation of a water, sewer, gas, or electric light or power system in or outside the municipality or for any other public improvement in 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter C. Provisions Applicable to Type B General-Law Municipality › Section 51.031. Subchapter Applicable to Type B General-Law Municipality

Sec. 51.031.  SUBCHAPTER APPLICABLE TO TYPE B GENERAL-LAW MUNICIPALITY.  This subchapter 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter C. Provisions Applicable to Type B General-Law Municipality › Section 51.032. Ordinances and Bylaws

Sec. 51.032.  ORDINANCES AND BYLAWS.  (a)  The governing body of the municipality may adopt an ordinance or bylaw, not inconsistent with state law, that the governing body considers proper for the government of the municipal corporation.
(b)  The governing body may take any other action necessary to carry out a provision of this code applicable to 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter C. Provisions Applicable to Type B General-Law Municipality › Section 51.033. Authority Relating to Lawsuits

Sec. 51.033.  AUTHORITY RELATING TO LAWSUITS.  The municipality may sue and be sued and may plead and be impleaded.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter C. Provisions Applicable to Type B General-Law Municipality › Section 51.034. Authority to Hold and Dispose of Property

Sec. 51.034.  AUTHORITY TO HOLD AND DISPOSE OF PROPERTY.  The municipality may hold and dispose of:
(1)  personal property;  and
(2)  real property located within the municipal boundaries.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter C. Provisions Applicable to Type B General-Law Municipality › Section 51.035. Authority, Duties, Privileges

Sec. 51.035.  AUTHORITY, DUTIES, PRIVILEGES.  A Type B general-law municipality has the same authority, duties, and privileges as a Type A general-law municipality, unless the Type B general-law municipality in exercising the authority or privilege or performing the duty would be in conflict with another provision of this code or other state law that relates specifically to Type B general-law municipalities.
Added by Acts 1991, 72nd Leg., ch. 753, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter D. Provisions Applicable to Type C General-Law Municipality › Section 51.051. General Powers of Type C General-Law Municipality

Sec. 51.051.  GENERAL POWERS OF TYPE C GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a Type C general-law municipality with 501 to 4,999 inhabitants has the same authority and is subject to the same duties as a Type A general-law municipality unless the authority or duties conflict with a provision of this code relating specifically to a Type C general-law municipality.
(b)  The governing body of a Type C general-law municipality with 201 to 500 inhabitants has the same authority as a Type B general-law municipality unless the authority conflicts with a provision of this code relating specifically to a Type C general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(c), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter D. Provisions Applicable to Type C General-Law Municipality › Section 51.052. Alternative General Powers for Certain Type C General-Law Municipalities

Sec. 51.052.  ALTERNATIVE GENERAL POWERS FOR CERTAIN TYPE C GENERAL-LAW MUNICIPALITIES.  (a)  A municipality that is incorporated as a Type C general-law municipality and that has $500,000 or more of assessed valuation for taxable purposes, according to its most recently approved tax rolls, may adopt the powers of a Type A general-law municipality regardless of any limitation prescribed by Section 51.051.  On adoption of the powers, the municipality has the same rights, powers, privileges, immunities, and franchises as a Type A general-law municipality.
(b)  For a municipality to adopt the powers:
(1)  at least two-thirds of the governing body of the municipality at a regular meeting must vote to make the change and the vote must be recorded in the journal of the governing body's proceedings;
(2)  a copy of the record of the proceedings must be signed by the mayor;
(3)  a copy of the record of the proceedings must be attested by the municipality's clerk or secretary under the corporate seal;  and
(4)  a copy of the record of the proceedings must be filed and recorded in the office of the county clerk of the county in which the municipality is located.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.071. Subchapter Applicable to Home-Rule Municipality

Sec. 51.071.  SUBCHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY.  This subchapter applies only to a home-rule 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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.072. Authority of Local Self-Government

Sec. 51.072.  AUTHORITY OF LOCAL SELF-GOVERNMENT.  (a)  The municipality has full power of local self-government.
(b)  The grant of powers to the municipality by this code does not prevent, by implication or otherwise, the municipality from exercising the authority incident to local self-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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.073. Adoption of Charter Does Not Affect Rights and Claims

Sec. 51.073.  ADOPTION OF CHARTER DOES NOT AFFECT RIGHTS AND CLAIMS.  The adoption or amendment of the municipality's charter does not affect any previously existing property, action, right of action, claim, or demand involving the municipality.  A right of action, claim, or demand may be asserted as fully as though the adoption or amendment of the charter had not occurred.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.074. Perpetual Succession

Sec. 51.074.  PERPETUAL SUCCESSION.  The municipality may act in perpetual succession as a body politic.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.075. Authority Relating to Lawsuits

Sec. 51.075.  AUTHORITY RELATING TO LAWSUITS.  The municipality may plead and be impleaded in any court.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.076. Authority Relating to Property

Sec. 51.076.  AUTHORITY RELATING TO PROPERTY.  (a)  The municipality may hold property, including any charitable or trust fund, that it receives by gift, deed, devise, or other manner.
(b)  The municipality may provide that any property owned or held by the municipality is not subject to any kind of execution.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.077. Liability for Damages

Sec. 51.077.  LIABILITY FOR DAMAGES.  The municipality may adopt rules, as it considers advisable, governing the municipality's liability for damages caused to a person or property.  The municipality may provide for its exemption from liability.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.078. Preservation of Certain Powers Granted Before 1913

Sec. 51.078.  PRESERVATION OF CERTAIN POWERS GRANTED BEFORE 1913.  Powers granted before July 1, 1913, to a municipality by general law or special law continue to be powers of the municipality after it adopts a home-rule charter if the powers are made a part of the charter.
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 D - General Powers of Municipalities › Chapter 51 - General Powers of Municipalities › Subchapter E. Provisions Applicable to Home-Rule Municipality › Section 51.079. Restrictions Applying to Nonbinding Referendum

Sec. 51.079.  RESTRICTIONS APPLYING TO NONBINDING REFERENDUM.  (a)  A nonbinding referendum held by the municipality as a result of a petition by the voters of the municipality must be held on the same date of an election called by the governing body of the municipality on another question or for the election of one or more municipal officers.
(b)  The referendum may be held on a date other than one described by Subsection (a) if:
(1)  one or more of the persons signing the petition agrees in a writing filed with the governing body of the municipality to pay, before the 60th day after the date of the referendum, all costs incurred by the municipality in holding the referendum; and
(2)  the persons agreeing to pay the costs execute a bond complying with Subsection (c).
(c)  The bond must be:
(1)  payable to, approved by, and filed with the governing body of the municipality;
(2)  executed with a corporate surety authorized to do business in this state;
(3)  in an amount the governing body estimates is necessary to cover the costs the municipality will incur in holding the referendum; and
(4)  conditioned that the persons executing the bond will pay, before the 60th day after the date of the referendum, all costs incurred by the municipality in holding the referendum.
(d)  This section does not apply to a referendum that is expressly authorized by the state constitution or a statute.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 6(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter A. General Provisions Applicable to Type a General-Law Municipalities › Section 52.001. Subchapter Applicable to Type a General-Law Municipality

Sec. 52.001.  SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY.  This subchapter applies only to a Type A 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 D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter A. General Provisions Applicable to Type a General-Law Municipalities › Section 52.002. Style

Sec. 52.002.  STYLE.  (a)  The style of an ordinance of the municipality must be:  "Be it ordained by the _____________ (insert the name by which the governing body of the municipality is known, such as city council, board of aldermen, or city commission) of the ______________ (insert the type of entity that the municipality is known as, such as city, town, or village) of (insert the name of the municipality)."
(b)  The style may be omitted when the ordinance is published in a book or pamphlet.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter A. General Provisions Applicable to Type a General-Law Municipalities › Section 52.003. Approval by Mayor and Related Conditions for Ordinance to Take Effect

Sec. 52.003.  APPROVAL BY MAYOR AND RELATED CONDITIONS FOR ORDINANCE TO TAKE EFFECT.  (a)  Before an ordinance or resolution adopted by the governing body of the municipality may take effect, the ordinance or resolution must be placed in the office of the secretary of the municipality.  The mayor shall sign the ordinances and resolutions that the mayor approves.
(b)  If the mayor does not sign an ordinance or resolution before the fourth day after the date it is placed in the secretary's office and does not return the ordinance or resolution under Subsection (c), the ordinance or resolution takes effect as provided by law.
(c)  If the mayor returns an ordinance or resolution to the governing body with a statement of objections before the fourth day after the date the ordinance or resolution is placed in the secretary's office, the governing body shall, on the return, reconsider the vote by which the ordinance or resolution was adopted.  If a majority of the total number of members of the governing body, excluding the mayor, approve the ordinance or resolution on reconsideration and enter the votes in the journal of the governing body's proceedings, the ordinance or resolution may take effect.
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 D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter A. General Provisions Applicable to Type a General-Law Municipalities › Section 52.004. Official Newspaper

Sec. 52.004.  OFFICIAL NEWSPAPER.  (a)  As soon as practicable after the beginning of each municipal year, the governing body of the municipality shall contract, as determined by ordinance or resolution, with a public newspaper of the municipality to be the municipality's official newspaper until another newspaper is selected.
(b)  The governing body shall publish in the municipality's official newspaper each ordinance, notice, or other matter required by law or ordinance to be published.
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 D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter B. Publication of Ordinances › Section 52.011. Type a General-Law Municipality

Sec. 52.011.  TYPE A GENERAL-LAW MUNICIPALITY.  (a)  If a Type A general-law municipality adopts an ordinance that imposes a penalty, fine, or forfeiture, the ordinance, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance, shall be published in:
(1)  every issue of the official newspaper for two days;  or
(2)  one issue of the newspaper if the official newspaper is a weekly paper.
(b)  An affidavit by the printer or publisher of the official newspaper verifying the publication shall be filed in the office of the secretary of the municipality.  In the courts of this state, the affidavit is prima facie evidence of the adoption of the ordinance and of the required publication.
(c)  An ordinance required to be published by this section takes effect when the publication requirement is satisfied unless the ordinance provides otherwise.  An ordinance that is not required to be published by this section takes effect when adopted unless the ordinance provides otherwise.
(d)  If a Type A general-law municipality publishes its ordinances in pamphlet or book form, the publication in the official newspaper of an ordinance included in the pamphlet or book is not required if the ordinance was published previously in the official newspaper.  A court shall admit without further proof an ordinance of a Type A general-law municipality that is published in pamphlet or book form as authorized by the governing body if the ordinance was published previously in the official newspaper.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 194, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter B. Publication of Ordinances › Section 52.012. Type B General-Law Municipality

Sec. 52.012.  TYPE B GENERAL-LAW MUNICIPALITY.  (a)  Before an ordinance or a bylaw of a Type B general-law municipality may be enforced, the ordinance or bylaw, or a caption that summarizes the purpose of the ordinance or bylaw and the penalty for violating the ordinance or bylaw must be posted in three public places in the municipality or published in a newspaper that is published in the municipality.  If no newspaper is published in the municipality, the ordinance, bylaw, or summary may be published in a newspaper with general circulation in the municipality.
(b)  Unless the publication is in a weekly newspaper, the governing body must post or publish the ordinance, bylaw, or summary for at least two days.  If the publication is in a weekly newspaper, the governing body shall publish the ordinance, bylaw, or summary in one issue.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 194, Sec. 2, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 52 - Adoption of Municipal Ordinances › Subchapter B. Publication of Ordinances › Section 52.013. Home-Rule Municipalities

Sec. 52.013.  HOME-RULE MUNICIPALITIES.  (a)  The governing body of a home-rule municipality may publish a caption of an adopted ordinance that summarizes the purpose of the ordinance and any penalty for violating the ordinance in lieu of a requirement in the municipality's charter that the text of the ordinance be published.
(b)  If the charter of a home-rule municipality does not provide for the method of publication of an ordinance, the full text of the ordinance or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance may be published at least twice in the municipality's official newspaper.
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 D - General Powers of Municipalities › Chapter 53 - Code of Municipal Ordinances › Section 53.001. Adoption of Code

Sec. 53.001.  ADOPTION OF CODE.  (a)  A municipality may adopt by ordinance a codification of its civil and criminal ordinances, together with appropriate penalties for the violation of the ordinances.
(b)  On the adoption of the code, the secretary of the municipality shall record the code in the municipality's ordinance records.
(c)  The code is effective on 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 D - General Powers of Municipalities › Chapter 53 - Code of Municipal Ordinances › Section 53.002. Publication of Adoption Ordinance

Sec. 53.002.  PUBLICATION OF ADOPTION ORDINANCE.  (a)  Except as provided by Subsection (b), the ordinance adopting a code of municipal ordinances shall be published in the official publication of the municipality or in a newspaper published in the municipality or county as provided by law.
(b)  If the municipality is a special-law municipality and its charter provides for the publication of both civil and criminal ordinances, the municipality shall publish the ordinance in compliance with its charter.
(c)  It is not necessary to publish the code itself.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 53 - Code of Municipal Ordinances › Section 53.003. Subdivision of Code

Sec. 53.003.  SUBDIVISION OF CODE.  A code of municipal ordinances may be subdivided into chapters, titles, articles, or sections at the discretion of 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 D - General Powers of Municipalities › Chapter 53 - Code of Municipal Ordinances › Section 53.004. Change or Repeal of Ordinance

Sec. 53.004.  CHANGE OR REPEAL OF ORDINANCE.  If a change in a municipality's form of government and designation of offices and officers necessitates the change or repeal of an ordinance or part of an ordinance being codified, the municipality may amend, omit, or repeal the ordinance in the codification to conform it to the municipality's present form of government without separately reenacting, repealing, or amending the source ordinance.
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 D - General Powers of Municipalities › Chapter 53 - Code of Municipal Ordinances › Section 53.005. Effect of Codification

Sec. 53.005.  EFFECT OF CODIFICATION.  (a)  A municipal code of ordinances has the force and effect of an ordinance regularly adopted in accordance with law.
(b)  The record of the code in the municipality's ordinance records is a record of the codified ordinances and establishes the content of those ordinances.
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 D - General Powers of Municipalities › Chapter 53 - Code of Municipal Ordinances › Section 53.006. Printed Code as Evidence

Sec. 53.006.  PRINTED CODE AS EVIDENCE.  (a)  A municipality may have printed, under the direction of the governing body of the municipality, a copy of the code that is authenticated and approved by the mayor's signature and attested by the secretary of the municipality.
(b)  In a court, the printed code is prima facie evidence of the existence and regular enactment of the ordinance adopting the code.  A court shall admit the printed code in evidence without further proof.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter A. General Provisions › Section 54.001. General Enforcement Authority of Municipalities; Penalty

Sec. 54.001.  GENERAL ENFORCEMENT AUTHORITY OF MUNICIPALITIES;  PENALTY.  (a)  The governing body of a municipality may enforce each rule, ordinance, or police regulation of the municipality and may punish a violation of a rule, ordinance, or police regulation.
(b)  A fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed $500 except that:
(1)  a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000; and
(2)  a fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed $4,000.
(c)  This section applies to a municipality regardless of any contrary provision in a municipal charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 7(a), 87(e), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 680 (H.B. 274), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter A. General Provisions › Section 54.002. Imposition of Fine in Type B General-Law Municipality

Sec. 54.002.  IMPOSITION OF FINE IN TYPE B GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a Type B general-law municipality may prescribe the fine for the violation of a municipal bylaw or ordinance.
(b)  If a defendant in a Type B general-law municipality demands a jury trial, the fine may be imposed only on the verdict of a jury.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter A. General Provisions › Section 54.003. Remission of Fine by Type a General-Law Municipality

Sec. 54.003.  REMISSION OF FINE BY TYPE A GENERAL-LAW MUNICIPALITY.  On a two-thirds vote of the members present, the governing body of a Type A general-law municipality may remit a fine or a penalty, or a part of a fine or penalty, imposed or incurred under law or under an ordinance or resolution adopted in accordance with law.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter A. General Provisions › Section 54.004. Preservation of Health, Property, Good Government, and Order in Home-Rule Municipality

Sec. 54.004.  PRESERVATION OF HEALTH, PROPERTY, GOOD GOVERNMENT, AND ORDER IN HOME-RULE MUNICIPALITY.  A home-rule municipality may enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the municipality and its inhabitants.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter A. General Provisions › Section 54.006. Nonseverability of Certain Consolidated Offenses

Sec. 54.006.  NONSEVERABILITY OF CERTAIN CONSOLIDATED OFFENSES.  Section 3.04(a), Penal Code, does not apply to two or more offenses consolidated or joined for trial under Section 3.02, Penal Code, if each of the offenses is:
(1)  for the violation of an ordinance described by Section 54.012;
(2)  punishable by fine only;  and
(3)  tried in a municipal court, regardless of whether the court is a municipal court of record.
Added by Acts 2001, 77th Leg., ch. 413, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.012. Civil Action

Sec. 54.012.  CIVIL ACTION.  A municipality may bring a civil action for the enforcement of an ordinance:
(1)  for the preservation of public safety, relating to the materials or methods used to construct a building or other structure or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
(2)  relating to the preservation of public health or to the fire safety of a building or other structure or improvement, including provisions relating to materials, types of construction or design, interior configuration, illumination, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;
(3)  for zoning that provides for the use of land or classifies a parcel of land according to the municipality's district classification scheme;
(4)  establishing criteria for land subdivision or construction of buildings, including provisions relating to street width and design, lot size, building width or elevation, setback requirements, or utility service specifications or requirements;
(5)  implementing civil penalties under this subchapter for conduct classified by statute as a Class C misdemeanor;
(6)  relating to dangerously damaged or deteriorated structures or improvements;
(7)  relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents;
(8)  relating to the interior configuration, design, illumination, or visibility of business premises exhibiting for viewing by customers while on the premises live or mechanically or electronically displayed entertainment intended to provide sexual stimulation or sexual gratification;
(9)  relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality;
(10)  relating to floodplain control and administration, including an ordinance regulating the placement of a structure, fill, or other materials in a designated floodplain;
(11)  relating to animal care and control; or
(12)  relating to water conservation measures, including watering restrictions.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 343, Sec. 1, eff. June 14, 1989;  Acts 1991, 72nd Leg., ch. 753, Sec. 3, eff. June 16, 1991;  Acts 1993, 73rd Leg., ch. 472, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 135 (S.B. 654), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1396 (H.B. 1554), Sec. 1, eff. September 1, 2013.
Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 12.001, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.013. Jurisdiction; Venue

Sec. 54.013.  JURISDICTION;  VENUE.  Jurisdiction and venue of an action under this subchapter are in the district court or the county court at law of the county in which the municipality bringing the action is located.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.014. Preferential Setting

Sec. 54.014.  PREFERENTIAL SETTING.  If the municipality submits to the court a verified motion that includes facts that demonstrate that a delay will unreasonably endanger persons or property, the court shall give a preference to the action brought by the municipality when setting cases filed under this subchapter.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.015. Procedure

Sec. 54.015.  PROCEDURE.  (a)  The only allegations required to be pleaded in an action brought under this subchapter are:
(1)  the identification of the real property involved in the violation;
(2)  the relationship of the defendant to the real property or activity involved in the violation;
(3)  a citation to the applicable ordinance;
(4)  a description of the violation;  and
(5)  a statement that this subchapter applies to the ordinance.
(b)  The standard of proof is the same as for other suits for extraordinary relief.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.