reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter B. Coverage › Section 505.013. Individuals Employed by Subcontractors

Sec. 505.013.  INDIVIDUALS EMPLOYED BY SUBCONTRACTORS.  (a)  Except as provided by Subsection (b), an individual employed by a subcontractor performing work under contract with the department is not considered an employee for purposes of this chapter.
(b)  The department shall treat a person leasing a tractor, a truck, mowing or cutting machinery, or other equipment to the department and using the equipment to perform work under a contract with the department:
(1)  as an independent contractor, and the department shall require the person, while performing the contract, to provide life, health and accident, and disability insurance for the person and any individual employed by the person to perform the contract in an amount and with coverage approved by the Texas Department of Insurance as substantially the same as provided for under workers' compensation insurance;
(2)  as an employee of the state for workers' compensation purposes, and the department shall require the person to provide workers' compensation insurance for each individual employed by the person to perform the contract, in which case this chapter applies to the person and the individuals employed by the person without regard to the number of individuals employed;  or
(3)  as an employee of the state for workers' compensation purposes, and each individual employed by that person to perform the contract as an employee of the state for workers' compensation purposes.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.051. Administration; Rules; Forms

Sec. 505.051.  ADMINISTRATION;  RULES;  FORMS.  (a)  The department shall administer this chapter.
(b)  Process and procedure under this chapter shall be as summary as possible.
(c)  The department may:
(1)  adopt rules and prescribe and furnish forms necessary to effectively administer this chapter;  and
(2)  adopt and enforce necessary rules for the prevention of accidents and injuries.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.052. Percentage of Payroll Set Aside for Workers' Compensation Expenses; Account; Reports

Sec. 505.052.  PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS' COMPENSATION EXPENSES;  ACCOUNT;  REPORTS.  (a)  The department may set aside from its available appropriations, other than itemized appropriations, an amount not exceeding three and one-half percent of the department's annual payroll for the payment of administrative expenses, charges, benefits, and awards under this chapter.
(b)  The amount set aside under Subsection (a) shall be set up in a separate account in the department's records.  The balance of the account at any time may not exceed an amount equal to three and one-half percent of the department's annual payroll.
(c)  The account shall show the disbursements authorized by this chapter.  A statement of the amount set aside for the account and the disbursements from the account shall be included in the reports made to the governor and the legislature as required by law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.053. Certified Copies of Division Documents

Sec. 505.053.  CERTIFIED COPIES OF DIVISION DOCUMENTS.  (a)  The division of workers' compensation shall furnish a certified copy of an order, award, decision, or paper on file with the division to a person entitled to the copy on written request and payment of the fee for the copy.  The fee shall be the same as that charged for similar services by the secretary of state's office.
(b)  The department may obtain certified copies under this section without charge.
(c)  A fee or salary may not be paid to an employee of the division of workers' compensation for making the copies that exceeds the fee charged for the copies.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.324, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.325, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.054. Preemployment Physical; Examining Physicians

Sec. 505.054.  PREEMPLOYMENT PHYSICAL; EXAMINING PHYSICIANS.  (a)  The department may require that an individual may not be certified as an employee of the department under this chapter until the individual:
(1)  submits to a physical examination as provided by this section; and
(2)  is certified by the examining physician to be physically fit to perform the duties and services to which the individual is to be assigned.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 395 (S.B. 1323), Sec. 3, eff. June 7, 2021.
(c)  The department may designate a convenient number of regularly licensed practicing physicians to make physical examinations of individuals to determine if the individuals are physically fit for employment with the department.
(d)  A physician designated under Subsection (c) who conducts an examination shall file with the department a complete transcript of the examination on a form furnished by the department.  The department shall maintain all reports under this subsection as part of the department's permanent records.  A report under this subsection is admissible in evidence before the division of workers' compensation and in an appeal from a final award or ruling of the commissioner of workers' compensation in which the individual named in the examination is a claimant for compensation under this chapter.  A report under this subsection that is admitted is prima facie evidence of the facts stated in the report.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.326, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 395 (S.B. 1323), Sec. 1, eff. June 7, 2021.
Acts 2021, 87th Leg., R.S., Ch. 395 (S.B. 1323), Sec. 2, eff. June 7, 2021.
Acts 2021, 87th Leg., R.S., Ch. 395 (S.B. 1323), Sec. 3, eff. June 7, 2021.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.055. Reports of Injuries

Sec. 505.055.  REPORTS OF INJURIES.  (a)  A report of an injury filed with the division of workers' compensation under Section 409.005, in addition to the information required by commissioner of workers' compensation rules, must contain:
(1)  the name, age, sex, and occupation of the injured employee;
(2)  the character of work in which the employee was engaged at the time of the injury;
(3)  the place, date, and hour of the injury; and
(4)  the nature and cause of the injury.
(b)  In addition to subsequent reports of an injury filed with the division of workers' compensation under Section 409.005(e), the department shall file a subsequent report on a form obtained for that purpose:
(1)  on the termination of incapacity of the injured employee; or
(2)  if the incapacity extends beyond 60 days.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.327, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.056. Required Examination of Injured Employee; Refusal to Submit to Examination

Sec. 505.056.  REQUIRED EXAMINATION OF INJURED EMPLOYEE;  REFUSAL TO SUBMIT TO EXAMINATION.  (a)  The division of workers' compensation may require an employee who claims to have been injured to submit to an examination by the division or a person acting under the division's authority at a reasonable time and place in this state.
(b)  An employee is not entitled to compensation during or for a period in which the employee refuses to submit to an examination under Subsection (a) or Section 408.004.
(c)  The department may have an injured employee examined at a reasonable time and at a place suitable to the employee's condition and convenient and accessible to the employee by a physician selected by the department.  The department shall pay for an examination under this subsection and for the employee's reasonable expenses incident to the examination.
(d)  On the request of an employee or the department, the employee or the department is entitled to have a physician selected by the employee or the department present to participate in an examination under Subsection (a) or Section 408.004.  The employee is entitled to have a physician selected by the employee present to participate in an examination under Subsection (c).  The department shall pay the fee set by the commissioner of workers' compensation of a physician selected by the employee under this subsection.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.328, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.057. Refusal to Submit to Medical Treatment

Sec. 505.057.  REFUSAL TO SUBMIT TO MEDICAL TREATMENT.  (a)  The commissioner of workers' compensation may order or direct the department to reduce or suspend the compensation of an injured employee if the employee:
(1)  persists in insanitary or injurious practices that tend to imperil or retard the employee's recovery; or
(2)  refuses to submit to medical, surgical, or other remedial treatment recognized by the state that is reasonably essential to promote the employee's recovery.
(b)  Compensation may not be reduced or suspended under this section without reasonable notice to the employee and an opportunity to be heard.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.329, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.058. Postponement of Hearing

Sec. 505.058.  POSTPONEMENT OF HEARING.  If an injured employee is receiving benefits under this chapter and the department is providing hospitalization or medical treatment to the employee, the division of workers' compensation may postpone the hearing of the employee's claim.  An appeal may not be taken from an order of the commissioner of workers' compensation under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.330, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.059. Notice of Appeal; Notice of Trial Court Judgment; Offense

Sec. 505.059.  NOTICE OF APPEAL;  NOTICE OF TRIAL COURT JUDGMENT;  OFFENSE.  (a)  In each case appealed from the division of workers' compensation to a county or district court:
(1)  the clerk of the court shall mail to the division:
(A)  not later than the 20th day after the date the case is filed, a notice containing the style, number, and date of filing of the case; and
(B)  not later than the 20th day after the date the judgment is rendered, a certified copy of the judgment; and
(2)  the attorney preparing the judgment shall file the original and a copy of the judgment with the clerk.
(b)  An attorney's failure to comply with Subsection (a)(2) does not excuse the failure of a county or district clerk to comply with Subsection (a)(1)(B).
(c)  The duties of a county or district clerk under Subsection (a)(1) are part of the clerk's ex officio duties, and the clerk is not entitled to a fee for the services.
(d)  A county or district clerk who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by a fine not to exceed $250.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.331, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter C. Administration › Section 505.060. Effect of Sick Leave; Annual Leave

Sec. 505.060.  EFFECT OF SICK LEAVE;  ANNUAL LEAVE.  (a)  An employee may elect to use accrued sick leave before receiving income benefits.  If an employee elects to use sick leave, the employee is not entitled to income benefits under this chapter until the employee has exhausted the employee's accrued sick leave.
(b)  An employee may elect to use all or any number of weeks of accrued annual leave after the employee's accrued sick leave is exhausted.  If an employee elects to use annual leave, the employee is not entitled to income benefits under this chapter until the elected number of weeks of leave have been exhausted.
Added by Acts 2001, 77th Leg., ch. 706, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1017, Sec. 2.01, eff. Sept. 1, 2002;  Acts 2001, 77th Leg., ch. 1456, Sec. 14.03, eff. June 17, 2001.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 506 - Miscellaneous Provisions Applicable to Government Employees › Section 506.001. Late Payment of Judgment by the State

Sec. 506.001.  LATE PAYMENT OF JUDGMENT BY THE STATE.  (a)  In a workers' compensation case in which a claimant is awarded a judgment against the state or a political subdivision of the state under Chapter 501, 502, 503, 504, or 505, the state or political subdivision shall comply with the judgment not later than the 30th day after the judgment is entered.
(b)  If the state or a political subdivision of the state fails or refuses to comply with a judgment as provided under Subsection (a) and the claimant secures a mandamus order against the state or political subdivision to force compliance with the judgment, the claimant is also entitled to an award of:
(1)  a penalty of 12 percent of the amount of compensation recovered in the judgment;  and
(2)  reasonable attorney's fees for prosecution of the mandamus action.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 506 - Miscellaneous Provisions Applicable to Government Employees › Section 506.002. Reimbursement From Non-Treasury Funds

Sec. 506.002.  REIMBURSEMENT FROM NON-TREASURY FUNDS.  (a)  An agency or other instrumentality of state government that, with funds that are held outside the state treasury, reimburses the general revenue fund for workers' compensation payments made out of the general revenue fund to former or current employees of the agency or other instrumentality shall reimburse the general revenue fund by writing a check to the comptroller:
(1)  for deposit into the appropriate account in the general revenue fund;  and
(2)  not later than 30 days after receiving the statement of amounts due.
(b)  The workers' compensation division of the office of the attorney general shall send to the comptroller a copy of each statement of amounts due from an agency or other instrumentality of state government that, with funds that are held outside the state treasury, reimburses the general revenue fund for workers' compensation payments made out of the general revenue fund.
(c)  An agency or other instrumentality of state government affected by this section may allocate appropriate funds to a revolving account on its books to receive contributions from funds other than general revenue funds, based on an assessment it determines to be appropriate for the purpose of reimbursing the general revenue fund for the workers' compensation payments made to its current or former employees.
(d)  The state auditor may review affected entities for compliance with this section, subject to a risk assessment performed by the state auditor and to the legislative audit committee's approval of including the review in the audit plan under Section 321.013, Government Code.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.40, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 64, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 83, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Chapter 323 of the Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable, by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311 of the Government Code) applies to the construction of each provision in this code except as otherwise expressly provided by this code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Internal References

Sec. 1.003.  INTERNAL REFERENCES.  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of this code in which the reference appears.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Reference in Law to Statute Revised by Code

Sec. 1.004.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.005. Definitions

Sec. 1.005.  DEFINITIONS.  In this code:
(1)  "General-law municipality" means a municipality designated by Chapter 5 as a Type A general-law municipality, Type B general-law municipality, or Type C general-law municipality.
(2)  "Home-rule municipality" means a municipality designated by Chapter 5 as a home-rule municipality.
(3)  "Municipality" means a general-law municipality, home-rule municipality, or special-law municipality.
(4)  "Special-law municipality" means a municipality designated by Chapter 5 as a special-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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter A. Types of Municipalities › Section 5.001. Type a General-Law Municipality

Sec. 5.001.  TYPE A GENERAL-LAW MUNICIPALITY.  A municipality is a Type A general-law municipality if it:
(1)  has incorporated as a Type A general-law municipality under Subchapter A of Chapter 6 and has not acted to change to another type of municipality;
(2)  has changed to a Type A general-law municipality under Subchapter B of Chapter 6  and has not acted to change to another type of municipality;  or
(3)  operated, immediately preceding September 1, 1987, under Chapters 1-10, Title 28, Revised Statutes, and has not acted to change to another type of 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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter A. Types of Municipalities › Section 5.002. Type B General-Law Municipality

Sec. 5.002.  TYPE B GENERAL-LAW MUNICIPALITY.  A municipality is a Type B general-law municipality if it:
(1)  has incorporated as a Type B general-law municipality under Chapter 7 and has not acted to change to another type of municipality;  or
(2)  operated, immediately preceding September 1, 1987, under Chapter 11, Title 28, Revised Statutes, and has not acted to change to another type of 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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter A. Types of Municipalities › Section 5.003. Type C General-Law Municipality

Sec. 5.003.  TYPE C GENERAL-LAW MUNICIPALITY.  A municipality is a Type C general-law municipality if it:
(1)  has incorporated as a Type C general-law municipality under Subchapter A of Chapter 8 and has not acted to change to another type of municipality;
(2)  has changed to a Type C general-law municipality under Subchapter B of Chapter 8  and has not acted to change to another type of municipality;  or
(3)  operated, immediately preceding September 1, 1987, under Chapter 12, Title 28, Revised Statutes, and has not acted to change to another type of municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.004.  HOME-RULE MUNICIPALITY.  A municipality is a home-rule municipality if it operates under a municipal charter that has been adopted or amended as authorized by Article XI, Section 5, 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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter A. Types of Municipalities › Section 5.005. Special-Law Municipality

Sec. 5.005.  SPECIAL-LAW MUNICIPALITY.  (a)  A municipality is a special-law municipality if it operates under a municipal charter granted by a local law enacted by the Congress of the Republic of Texas or by the legislature.
(b)  A special-law municipality that has amended its municipal charter as authorized by Article XI, Section 5, of the Texas Constitution is also 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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter Z. Miscellaneous Provisions Affecting Types of Municipalities › Section 5.901. Territorial Requirements for Incorporation as General-Law Municipality

Sec. 5.901.  TERRITORIAL REQUIREMENTS FOR INCORPORATION AS GENERAL-LAW MUNICIPALITY.  A community may not incorporate as a general-law municipality unless it meets the following territorial requirements:
(1)  a community with fewer than 2,000 inhabitants must have not more than two square miles of surface area;
(2)  a community with 2,001 to 4,999 inhabitants must have not more than four square miles of surface area;  and
(3)  a community with 5,001 to 9,999 inhabitants must have not more than nine square miles of surface area.
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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter Z. Miscellaneous Provisions Affecting Types of Municipalities › Section 5.902. Change in Designation From Town to City

Sec. 5.902.  CHANGE IN DESIGNATION FROM TOWN TO CITY.  (a)  The governing body of a Type A general-law municipality that was designated as a "town" may change by ordinance its designation to a "city."
(b)  A change in designation does not affect the municipality's corporate existence or powers.
(c)  Bonds that are voted by a municipality and are unissued before the municipality changes its designation may be issued in the new name of the municipality as designated in the ordinance changing the designation.
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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter Z. Miscellaneous Provisions Affecting Types of Municipalities › Section 5.903. Charter Amendments by Special-Law Municipality Incorporated Before June 30, 1881

Sec. 5.903.  CHARTER AMENDMENTS BY SPECIAL-LAW MUNICIPALITY INCORPORATED BEFORE JUNE 30, 1881.  (a)  A special-law municipality that was incorporated as a town or village before June 30, 1881, by the Congress of the Republic of Texas or by the legislature may amend its charter in any regard that does not conflict with the law of this state if the amendment is approved by a resolution of the governing body of the town or village and by at least a two-thirds vote at an election held to ratify the amendment.
(b)  An amendment to a charter under Subsection (a) is not effective until:
(1)  the governing body of the town or village adopts a resolution stating the amendment;  and
(2)  a certified copy of the amendment is approved by the attorney general and recorded with the secretary of state.
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 A - Types of Municipalities › Chapter 5 - Types of Municipalities in General › Subchapter Z. Miscellaneous Provisions Affecting Types of Municipalities › Section 5.904. Municipality Not Governed by Corporate Law

Sec. 5.904.  MUNICIPALITY NOT GOVERNED BY CORPORATE LAW.  (a)  A municipality may not be considered a corporation under a state statute governing corporations unless the statute extends its application to a municipality by express use of the term "municipal corporation," "municipality," "city," "town," or "village."
(b)  It is the intent of the legislature that the limitation provided by this section apply regardless of whether the municipality is acting in a governmental or proprietary function.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 2(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter A. Incorporation as Type a General-Law Municipality › Section 6.001. Authority to Incorporate as Type a General-Law Municipality

Sec. 6.001.  AUTHORITY TO INCORPORATE AS TYPE A GENERAL-LAW MUNICIPALITY.  A community may incorporate under this subchapter as a Type A general-law municipality if it:
(1)  constitutes an unincorporated city or town;
(2)  contains 600 or more inhabitants;  and
(3)  meets the territorial requirements prescribed by Section 5.901.
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 A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter A. Incorporation as Type a General-Law Municipality › Section 6.002. Incorporation Procedure

Sec. 6.002.  INCORPORATION PROCEDURE.  The procedure for incorporating as a Type A general-law municipality is the same as that prescribed for incorporating as a Type B general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter A. Incorporation as Type a General-Law Municipality › Section 6.003. Effective Date of Incorporation

Sec. 6.003.  EFFECTIVE DATE OF INCORPORATION.  The incorporation of the community as a municipality is effective on the date the county judge makes the entry, under Section 7.007, in the records of the commissioners 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 A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type a General-Law Municipality › Section 6.011. Authority to Change to Type a General-Law Municipality

Sec. 6.011.  AUTHORITY TO CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.  (a)  A municipality incorporated in any manner other than as a Type A general-law municipality may change to a Type A general-law municipality if the municipality:
(1)  has 600 or more inhabitants;
(2)  contains one or more manufacturing establishments within its corporate limits;  or
(3)  is incorporated under any law of the Republic of Texas.
(b)  A municipality that makes the change shall operate under the law applying to a Type A general-law municipality instead of operating under any charter or law that previously governed 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 A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type a General-Law Municipality › Section 6.012. Procedure for Change

Sec. 6.012.  PROCEDURE FOR CHANGE.  If a municipality wishes to change to a Type A general-law municipality:
(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 A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type a General-Law Municipality › Section 6.013. Repeal of Local Law After Change

Sec. 6.013.  REPEAL OF LOCAL LAW AFTER CHANGE.  Any local law that incorporated a municipality that changes to a Type A general-law municipality under this subchapter is repealed on the date on which the copy of the record of the proceedings is filed.
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 A - Types of Municipalities › Chapter 6 - Type a General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type a General-Law Municipality › Section 6.014. Change Does Not Affect Prior Name or Status as Body Corporate

Sec. 6.014.  CHANGE DOES NOT AFFECT PRIOR NAME OR STATUS AS BODY CORPORATE.  A municipality that changes to a Type A general-law municipality retains the prior name by which it was known and continues to be a body corporate with perpetual succession.
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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.001. Authority to Incorporate as Type B General-Law Municipality

Sec. 7.001.  AUTHORITY TO INCORPORATE AS TYPE B GENERAL-LAW MUNICIPALITY.  A community may incorporate under this chapter as a Type B general-law municipality if it:
(1)  constitutes an unincorporated town or village;
(2)  contains 201 to 9,999 inhabitants;  and
(3)  meets the territorial requirements prescribed by Section 5.901.
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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.002. Application to Incorporate

Sec. 7.002.  APPLICATION TO INCORPORATE.  (a)  The residents of a community may initiate an attempt to incorporate the community under this chapter by filing with the county judge of the county in which the community is located an application to incorporate signed by at least 50 qualified voters who are residents of the community.
(b)  The application must state the proposed boundaries and name of the municipality, and it must be accompanied by a plat of the proposed municipality that contains only the territory to be used strictly for municipal purposes.
(c)  If a community is located in two counties, the application to incorporate may be filed with the county judge of either county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 65, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.003. Election Order

Sec. 7.003.  ELECTION ORDER.  If satisfactory proof is made that a community that has filed an application to incorporate under this chapter contains the requisite number of inhabitants, the county judge shall order an incorporation election to be held on a specified date and at a designated place in the community.
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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.004. Election Officers

Sec. 7.004.  ELECTION OFFICERS.  The county judge shall appoint an officer to preside at an incorporation election under this chapter.  The presiding officer shall appoint two election judges and two election clerks to assist in conducting the election.
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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.005. Notice of Election

Sec. 7.005.  NOTICE OF ELECTION.  An incorporation election under this chapter may not be held until notice of the election has been posted at three public places in the community for the 10 days preceding the date of the election.
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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.006. Qualified Voters

Sec. 7.006.  QUALIFIED VOTERS.  Each qualified voter who resides within the boundaries of the proposed municipality may vote at the election.
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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.007. Order of Incorporation

Sec. 7.007.  ORDER OF INCORPORATION.  (a)  Within 20 days after the date the county judge receives the returns of an incorporation election, the judge shall, if a majority of the votes cast are for incorporation, make an entry in the records of the commissioners court that the community is incorporated.  The judge shall include the boundaries of the municipality in the entry.  The incorporation of the community as a municipality is effective on the date the entry is made.
(b)  A certified copy of the entry and a plat of the municipality shall be recorded in the deed records 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 A - Types of Municipalities › Chapter 7 - Type B General-Law Municipality › Section 7.008. Interval Between Elections

Sec. 7.008.  INTERVAL BETWEEN ELECTIONS.  A county judge may not order an incorporation election under this chapter to be held earlier than three years after the date of the most recent incorporation election under this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 792, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter A. Incorporation as Type C General-Law Municipality › Section 8.001. Authority to Incorporate as Type C General-Law Municipality

Sec. 8.001.  AUTHORITY TO INCORPORATE AS TYPE C GENERAL-LAW MUNICIPALITY.  (a)  A community may incorporate under this subchapter as a Type C general-law municipality if it:
(1)  constitutes an unincorporated city, town, or village;
(2)  contains 201 to 4,999 inhabitants;  and
(3)  meets the territorial requirements prescribed by Section 5.901.
(b)  A community incorporating as a Type C general-law municipality adopts the commission 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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter A. Incorporation as Type C General-Law Municipality › Section 8.002. Petition to Incorporate

Sec. 8.002.  PETITION TO INCORPORATE.  The residents of a community may initiate an attempt to incorporate under this subchapter by filing with the county judge a written petition signed by at least 10 percent of the qualified voters of the community.  The petition must request the county judge to order an election to determine whether the community will incorporate as 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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter A. Incorporation as Type C General-Law Municipality › Section 8.003. Election Order

Sec. 8.003.  ELECTION ORDER.  If a county judge receives the petition and if satisfactory proof is made that the community contains the requisite number of inhabitants, the judge shall order an incorporation election to be held on a specified date and at a designated place in the community.
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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter A. Incorporation as Type C General-Law Municipality › Section 8.004. Election Officers

Sec. 8.004.  ELECTION OFFICERS.  The county judge shall appoint two election judges and two election clerks to conduct the incorporation election under this subchapter.  The county judge shall designate one of the election judges to be the presiding judge.
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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter A. Incorporation as Type C General-Law Municipality › Section 8.005. Notice of Election

Sec. 8.005.  NOTICE OF ELECTION.  Notice of an incorporation election under this subchapter must be published in a newspaper in the community before the 30th day before the date of the election, or if there is no newspaper in the community, the notice must be posted at three public places in the community for the 30 days preceding the date of the election.
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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter A. Incorporation as Type C General-Law Municipality › Section 8.006. Order of Incorporation

Sec. 8.006.  ORDER OF INCORPORATION.  If a majority of the votes cast in an election under this subchapter are for incorporation, the county judge shall enter an order in the minutes of the commissioners court that the community is incorporated.  The incorporation is effective on the date the order is entered.
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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type C General-Law Municipality › Section 8.021. Authority to Change to Type C General-Law Municipality

Sec. 8.021.  AUTHORITY TO CHANGE TO TYPE C GENERAL-LAW MUNICIPALITY.  (a)  A Type A general-law municipality containing 501 to 4,999 inhabitants or a Type B general-law municipality containing 501 to 999 inhabitants may change to a Type C general-law municipality.
(b)  A municipality changing to a Type C general-law municipality adopts the commission 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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type C General-Law Municipality › Section 8.022. Petition to Change

Sec. 8.022.  PETITION TO CHANGE.  The residents of a municipality may initiate an attempt to make the change under this subchapter by filing with the mayor of the municipality a written petition signed by at least 10 percent of the qualified voters of the municipality.  The petition must request the mayor to order an election to determine whether the municipality will change 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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type C General-Law Municipality › Section 8.023. Election Order

Sec. 8.023.  ELECTION ORDER.  If the mayor receives the petition, the mayor shall order an election on the question of the change to be held 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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type C General-Law Municipality › Section 8.024. Election Officers

Sec. 8.024.  ELECTION OFFICERS.  The mayor shall appoint two election judges and two election clerks to conduct the election under this subchapter.  The mayor shall designate one of the election judges to be the presiding judge.
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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type C General-Law Municipality › Section 8.025. Notice of Election

Sec. 8.025.  NOTICE OF ELECTION.  In addition to the notice required by Chapter 4, Election Code, notice of an election under this subchapter must be published in a newspaper in the municipality before the 30th day before the date of the election, or if there is no newspaper in the municipality, the notice must be posted at three public places in the municipality for the 30 days preceding the date of the election.
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 A - Types of Municipalities › Chapter 8 - Type C General-Law Municipality › Subchapter B. Change From Another Municipal Type to Type C General-Law Municipality › Section 8.026. Order of Change

Sec. 8.026.  ORDER OF CHANGE.  If a majority of the votes cast in an election under this subchapter are for the change, the mayor shall enter an order in the minutes of the municipality's governing body that the municipality is changed.  The change is effective from the time the order is entered.
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 A - Types of Municipalities › Chapter 9 - Home-Rule Municipality › Section 9.001. Adoption or Amendment of Home-Rule Charter

Sec. 9.001.  ADOPTION OR AMENDMENT OF HOME-RULE CHARTER.  This chapter applies to the adoption or amendment of a municipal charter by a municipality authorized to do so by Article XI, Section 5, of the Texas Constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.