reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 9 - Home-Rule Municipality › Section 9.0015. Definition

Sec. 9.0015.  DEFINITION.  In this chapter, "climate charter" means a charter provision or charter amendment establishing a comprehensive rule or policy statement that purports to address climate change or the municipality's environmental impact, including water and energy use and air pollution.
Added by Acts 2023, 88th Leg., R.S., Ch. 360 (S.B. 1860), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 9 - Home-Rule Municipality › Section 9.002. Selection of Charter Commission

Sec. 9.002.  SELECTION OF CHARTER COMMISSION.  (a)  The governing body of the municipality may, by an ordinance adopted by at least a two-thirds vote of its membership, order an election by the voters of the municipality on the question:  "Shall a commission be chosen to frame a new charter?"  The governing body shall by ordinance order the election if presented with a petition signed by at least 10 percent of the qualified voters of the municipality.
(b)  The election ordinance shall provide for the election to be held on the date of the municipality's next general election scheduled after the 30th day but on or before the 90th day after the date the ordinance is adopted.  However, if no general election is scheduled during that period that allows sufficient time to comply with other requirements of law, the election shall be ordered for the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law and that occurs after the 30th day after the date the ordinance is adopted and published in a newspaper published in the municipality.
(c)  The ballot at the election on the question prescribed by Subsection (a) shall also provide for the election from the municipality at large of a charter commission to draft a charter if a majority of the qualified voters voting on the question of choosing a charter commission approve the question.  The commission must consist of at least 15 members, but if it has more than 15 members it may not have more than one member for each 3,000 inhabitants of the municipality.  The ballot may not contain any party designation.
(d)  The provisions of Subsections (a), (b), and (c) regarding the selection of a charter commission do not apply to the first charter election in a municipality if:
(1)(A) the governing body of the municipality selects a charter commission;
(B)  a charter commission is selected at a mass meeting;  or
(C)  the mayor of the municipality appoints a charter commission;  and
(2)  the charter commission has proceeded with the formation of a charter for 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 9 - Home-Rule Municipality › Section 9.003. Vote on Charter

Sec. 9.003.  VOTE ON CHARTER.  (a)  Except as provided by Section 9.0045, the charter prepared by the charter commission shall be submitted to the qualified voters of the municipality at an election to be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law and that occurs on or after the 40th day after the date the charter commission completes its work.  The governing body of the municipality shall provide for the submission of the charter at the election to the extent that the provisions for submission are not prescribed by general law.
(b)  Before the 30th day before the date of the election, the governing body of the municipality shall order the municipal clerk or the municipal secretary to mail a copy of the proposed charter to each registered voter of the municipality.
(c)  The charter commission shall prepare the charter so that to the extent practicable each subject may be voted on separately.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(b), eff. Aug. 28, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 360 (S.B. 1860), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 9 - Home-Rule Municipality › Section 9.004. Charter Amendments

Sec. 9.004.  CHARTER AMENDMENTS.  (a)  Except as provided by Section 9.0045, the governing body of a municipality on its own motion may submit a proposed charter amendment to the municipality's qualified voters for their approval at an election.  The governing body shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supported by a petition signed by a number of qualified voters of the municipality equal to at least five percent of the number of qualified voters of the municipality or 20,000, whichever number is the smaller.
(b)  The ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election.  The election date must allow sufficient time to comply with other requirements of law and must occur on or after the 30th day after the date the ordinance is adopted.
(c)  Notice of the election shall be published in a newspaper of general circulation published in the municipality.  The notice must:
(1)  include a substantial copy of the proposed amendment;
(2)  include an estimate of the anticipated fiscal impact to the municipality if the proposed amendment is approved at the election; and
(3)  be published on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election.
(d)  An amendment may not contain more than one subject.
(e)  The ballot shall be prepared so that a voter may approve or disapprove any one or more amendments without having to approve or disapprove all of the amendments.
(f)  The requirement imposed by Subsection (c)(2) does not waive governmental immunity for any purpose and a person may not seek injunctive relief or any other judicial remedy to enforce the estimate of the anticipated fiscal impact on the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1219, Sec. 5, eff. June 20, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 76, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 414 (S.B. 1086), Sec. 1, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 360 (S.B. 1860), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 9 - Home-Rule Municipality › Section 9.0045. Approval of Climate Charter or Amendment to Charter by Legislature Required

Sec. 9.0045.  APPROVAL OF CLIMATE CHARTER OR AMENDMENT TO CHARTER BY LEGISLATURE REQUIRED.  A municipality may not hold an election for voter approval of a proposed climate charter unless the legislature adopts a resolution approving the proposed climate charter.
Added by Acts 2023, 88th Leg., R.S., Ch. 360 (S.B. 1860), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle A - Types of Municipalities › Chapter 9 - Home-Rule Municipality › Section 9.005. Adoption of Charter or Amendment

Sec. 9.005.  ADOPTION OF CHARTER OR AMENDMENT.  (a)  A proposed charter for a municipality or a proposed amendment to a municipality's charter is adopted if it is approved by a majority of the qualified voters of the municipality who vote at an election held for that purpose.
(b)  A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted.
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 9.006. Concurrent Elections

Sec. 9.006.  CONCURRENT ELECTIONS.  This chapter does not prevent the voters at an election to adopt a charter or an amendment to a charter from electing at the same election persons to hold office under the charter or amendment.
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 9.007. Certification of Charter or Amendment

Sec. 9.007.  CERTIFICATION OF CHARTER OR AMENDMENT.  (a)  As soon as practicable after a municipality adopts a charter or charter amendment, the mayor or chief executive officer of the municipality shall certify to the secretary of state an authenticated copy of the charter or amendment under the municipality's seal showing the approval by the voters of the municipality.
(b)  The secretary of state shall file and record the certification in his office in a book kept for that purpose.
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 9.008. Registration of Charter or Amendment; Effect

Sec. 9.008.  REGISTRATION OF CHARTER OR AMENDMENT;  EFFECT.  (a)  The secretary or other officer of a municipality performing functions similar to those of a secretary shall record in the secretary's or other officer's office a charter or charter amendment adopted by the voters of the municipality.  If a charter or amendment is not recorded on microfilm, as may be permitted under another law, it shall be recorded in a book kept for that purpose.
(b)  Recorded charters or amendments are public acts.  Courts shall take judicial notice of them, and no proof is required of their provisions.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter A. General Provisions › Section 21.001. Election of Aldermen by Place System in General-Law Municipality

Sec. 21.001.  ELECTION OF ALDERMEN BY PLACE SYSTEM IN GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a general-law municipality that is not divided into wards and that elects its aldermen at large may provide by ordinance for the election of aldermen under a place system.
(b)  The ordinance must be enacted before the 60th day before the date of the first regular municipal election of aldermen under a place system.
(c)  As soon as possible after the place system ordinance is enacted, the governing body shall assign place numbers to each alderman's office.
(d)  When incumbent aldermen's terms of office expire, any candidate for the office of alderman shall file an application for a specific place on the governing body, such as "Alderman, Place No. 1."
(e)  The ballot for an election under the place system must show each office of alderman as a separate office designated by place number.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter A. General Provisions › Section 21.002. References to Municipal Governing Body and to Members of Municipal Governing Body

Sec. 21.002.  REFERENCES TO MUNICIPAL GOVERNING BODY AND TO MEMBERS OF MUNICIPAL GOVERNING BODY.  A reference in this code or another statute:
(1)  to a member of the governing body of a municipality includes each member of that body regardless of the name, including alderman, commissioner, or council member, used by a statute, municipal charter, or municipal ordinance to refer to the member;  or
(2)  to the governing body of a municipality includes a municipal governing body regardless of the name, including board of aldermen, city commission, or city council, used by a statute, municipal charter, or municipal ordinance to refer to the governing body.
Added by Acts 2001, 77th Leg., ch. 402, Sec. 1(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter A. General Provisions › Section 21.003. Members of Municipal Governing Bodies May Volunteer

Sec. 21.003.  MEMBERS OF MUNICIPAL GOVERNING BODIES MAY VOLUNTEER.  A member of the governing body of a municipality may serve as a volunteer for an organization that protects the health, safety, or welfare of the municipality regardless of whether the organization is funded or supported in whole or part by the municipality if the governing body adopts a resolution allowing members of the governing body to perform service of that nature.
Added by Acts 2001, 77th Leg., ch. 42, Sec. 2, eff. May 3, 2001.  Renumbered from Local Government Code Sec. 21.002 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(104), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter A. General Provisions › Section 21.005. Choice of Uniform Election Date for Newly Incorporated Municipality

Sec. 21.005.  CHOICE OF UNIFORM ELECTION DATE FOR NEWLY INCORPORATED MUNICIPALITY.  Not later than the first anniversary of the date of its incorporation, a newly incorporated municipality shall select a uniform election date under Section 41.001, Election Code, to use for the general election of the members of the municipality's governing body.
Added by Acts 2011, 82nd Leg., R.S., Ch. 519 (H.B. 2144), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter A. General Provisions › Section 21.006. Election of Entire Governing Body Upon Apportionment

Sec. 21.006.  ELECTION OF ENTIRE GOVERNING BODY UPON APPORTIONMENT.  (a)  A municipality that is divided into districts, wards, or other areas from which members of its governing body are elected shall elect all members of the municipality's governing body following each apportionment on the first uniform election date that allows sufficient time to comply with any requirements of law.
(b)  If members of the governing body of a municipality described by Subsection (a) serve staggered terms, the municipality shall adopt an equitable process to determine which members of the governing body serve shorter terms to accommodate an election following apportionment that accounts for the remaining time in each member's term and whether the term of any member elected from a particular district, ward, or area was previously shortened under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1124 (H.B. 3613), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.021. Applicability

Sec. 21.021.  APPLICABILITY.  This subchapter applies only to a general-law municipality.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.022. Definitions

Sec. 21.022.  DEFINITIONS.  In this subchapter:
(1)  "District attorney" includes a criminal district attorney.
(2)  "Incompetency" means:
(A)  gross ignorance of official duties;
(B)  gross carelessness in the discharge of official duties;  or
(C)  inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer's election.
(3)  "Officer" means the mayor or another member of the governing body of a municipality.
(4)  "Official misconduct" means intentional unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law.  The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.023. Removal From Office

Sec. 21.023.  REMOVAL FROM OFFICE.  The district judge may remove an officer of the municipality from office as provided by this subchapter.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.024. No Removal Before Action

Sec. 21.024.  NO REMOVAL BEFORE ACTION.  An officer may not be removed under this subchapter for an act the officer committed before election to office if the act was a matter of public record or otherwise known to the voters.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.025. General Grounds for Removal

Sec. 21.025.  GENERAL GROUNDS FOR REMOVAL.  (a)  An officer may be removed from office for:
(1)  incompetency;
(2)  official misconduct;  or
(3)  intoxication on or off duty caused by drinking an alcoholic beverage.
(b)  Intoxication is not a ground for removal if it appears at the trial that the intoxication was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician practicing in this state.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.026. Petition for Removal

Sec. 21.026.  PETITION FOR REMOVAL.  (a)  A proceeding for the removal of an officer is begun by filing a written petition for removal in a district court of the county in which the officer resides.
(b)  Any resident of the municipality who has lived for at least six months in the municipality and who is not currently under indictment in the county in which the municipality is located may file the petition.  At least one of the parties who files the petition must swear to it at or before the filing.
(c)  The petition must be addressed to the district judge of the court in which it is filed.  The petition must specify the grounds alleged for the removal of the officer in plain and intelligible language and must cite the time and place of the occurrence of each act alleged as a ground for removal with as much certainty as the nature of the case permits.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.027. Citation of Officer

Sec. 21.027.  CITATION OF OFFICER.  (a)  After a petition for removal is filed, the person filing the petition shall apply to the district judge in writing for an order requiring a citation and a certified copy of the petition to be served on the officer.
(b)  If the application for the order is made during the term of the court, action may not be taken on the petition until the order is granted and entered in the minutes of the court.  If the application is made to the judge during the vacation of the court, the judge shall indicate on the petition the action taken and shall have the action entered in the minutes of the court at the next term.
(c)  If the judge refuses to issue the order for citation, the petition shall be dismissed at the cost of the person filing the petition.  The person may not take an appeal from the judge's decision or apply for a writ of mandamus.  If the judge grants the order for citation, the clerk shall issue the citation with a certified copy of the petition.  The judge shall require the person filing the petition to post security for costs in the manner provided for other cases.
(d)  The citation shall order the officer to appear and answer the petition on a date, fixed by the judge, after the fifth day after the date the citation is served.  The time is computed as it is in other suits.  Disposition of this action by the district court shall take precedence over other civil matters on the court's docket.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.028. Bond

Sec. 21.028.  BOND.  (a)  The judge shall require the person filing the petition to execute a bond, with at least two good and sufficient sureties, in an amount fixed by the judge and conditioned as required by the judge.  The bond shall be used to pay damages and costs to the officer if the grounds for removal are found at trial to be insufficient or untrue.  The officer must serve written notice on the person who filed the petition and that person's bondsman not later than the 90th day after the date the bond is executed, stating that the officer intends to hold them liable on the bond and stating the grounds for that liability.
(b)  If the final judgment establishes the officer's right to the office, the person filing the petition shall pay the officer an amount determined by the judge as appropriate to compensate the officer for the damages suffered as a result of the removal action.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.029. Trial

Sec. 21.029.  TRIAL.  (a)  An officer shall have the right to trial by jury.
(b)  The trial for the removal of an officer and the proceedings connected with the trial shall be conducted as much as possible in accordance with the rules and practice of the court in other civil cases, in the name of the State of Texas, and on the relation of the person filing the petition.
(c)  In a removal case, the judge may not submit special issues to the jury.  Under a proper charge applicable to the facts of the case, the judge shall instruct the jury to find from the evidence whether the grounds for removal alleged in the petition are true.  If the petition alleges more than one ground for removal, the jury shall indicate in the verdict which grounds are sustained by the evidence and which are not sustained.
(d)  The district attorney shall represent the state in a proceeding for the removal of an officer.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.030. Appeal

Sec. 21.030.  APPEAL.  (a)  Either party to a removal action may appeal the final judgment to the court of appeals in the manner provided for other civil cases.  The officer is not required to post an appeal bond but may be required to post a bond for costs.
(b)  An appeal of a removal action takes precedence over the ordinary business of the court of appeals and shall be decided with all convenient dispatch.  If the trial court judgment is not set aside or suspended, the court of appeals shall issue its mandate in the case not later than the fifth day after the date the court renders its judgment.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.031. Removal by Criminal Conviction

Sec. 21.031.  REMOVAL BY CRIMINAL CONVICTION.  (a)  The conviction of an officer for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office.
(b)  The court rendering judgment in the case shall include in the judgment an order removing the officer.
(c)  If the removed officer appeals the judgment, other than for an offense to which Section 180.010 applies, the appeal supersedes the order of removal unless the court that renders the judgment finds that it is in the public interest to suspend the removed officer pending the appeal.  If the court finds that the public interest requires suspension, the court shall suspend the removed officer as provided by this subchapter.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1048 (S.B. 232), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter B. Judicial Removal of Member of Governing Body of General-Law Municipality › Section 21.032. Reelection Prohibited for Certain Period

Sec. 21.032.  REELECTION PROHIBITED FOR CERTAIN PERIOD.  An officer removed under this subchapter is not eligible for reelection to the same office before the second anniversary of the date of the removal.
Added by Acts 1999, 76th Leg., ch. 1567, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter C. Removal of Member of Governing Body of Certain General-Law Municipalities Following Election › Section 21.101. Removal by Recall Election Authorized

Sec. 21.101.  REMOVAL BY RECALL ELECTION AUTHORIZED.  A member of the governing body of a general-law municipality with a population of less than 3,000 located in a county that borders the United Mexican States and contains a municipality with a population of more than 500,000 may be removed from office through a recall election initiated by petition as provided by this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 701 (H.B. 3015), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 119, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter C. Removal of Member of Governing Body of Certain General-Law Municipalities Following Election › Section 21.102. Petition

Sec. 21.102.  PETITION.  (a)  Before circulating a petition, a notice of intent to circulate a petition must be filed with the municipal clerk. A notice of intent to circulate a petition may not be filed before the 180th day after the date the officer whose removal is sought:
(1)  was elected; or
(2)  was subject to an unsuccessful recall election.
(b)  After notice is filed under Subsection (a), a petition may be circulated.  Each page of the petition must legibly and conspicuously:
(1)  be titled "Recall Petition";
(2)  state that the petition seeks to initiate a recall election to remove a member of the governing body;
(3)  state the full name and title of the member whose removal is sought; and
(4)  state the reasons for seeking removal.
(c)  For a signature to be valid, it must:
(1)  comply with the requirements of Section 277.002, Election Code; and
(2)  be the signature of a registered voter in the territory that elected the member whose removal is sought.
(d)  At least one signer of the petition must swear before a notary public or other person authorized to administer oaths that each signature on the petition was made by the person whose signature it purports to be, and that oath must be memorialized on the petition.
(e)  A petition is valid if:
(1)  the petition complies with the requirements of Subsections (a), (b), (c), and (d) of this section and Chapter 277, Election Code;
(2)  the total number of valid signatures on the petition equals at least 50 percent of the total number of votes cast in the most recent election of the member whose removal is sought that was not a runoff election; and
(3)  the petition is filed with the municipal clerk not later than the 30th day after the date of the filing of notice under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 701 (H.B. 3015), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter C. Removal of Member of Governing Body of Certain General-Law Municipalities Following Election › Section 21.103. Review of Petition

Sec. 21.103.  REVIEW OF PETITION.  (a)  Not later than the 10th day after the date a petition is filed, the municipal clerk shall review the petition and determine whether the petition is valid.
(b)  If the municipal clerk determines the petition is valid, the clerk shall attach a certificate to the petition stating that the petition is valid and submit the petition and certificate to the governing body of the municipality as soon as practicable. If the clerk determines that the petition is not valid:
(1)  the clerk shall attach a certificate to the petition stating the facts supporting the determination that the petition is not valid;
(2)  the clerk shall notify the person who filed the petition of the clerk's determination;
(3)  the petition may be amended or supplemented and resubmitted not later than the 10th day after the date of the certification under Subdivision (1); and
(4)  the clerk shall return the petition to the person who filed it.
(c)  The municipal clerk shall determine the validity of a petition resubmitted under Subsection (b)(3) in the same manner as the original submission except that if the clerk determines the petition is not valid the petition may not be further amended or supplemented and the recall election is not held.
Added by Acts 2013, 83rd Leg., R.S., Ch. 701 (H.B. 3015), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter C. Removal of Member of Governing Body of Certain General-Law Municipalities Following Election › Section 21.104. Election

Sec. 21.104.  ELECTION.  (a)  Unless the member who is the target of the petition resigns before the sixth day after the date a petition and certificate are delivered to the governing body of the municipality, the governing body shall order that a recall election be held on the first uniform election date that occurs 78 days after the date of the order.
(b)  The ballot for a recall election shall be printed to permit voting for or against the proposition:  "The removal of (name of the member of the governing body) from the governing body of (name of the municipality)".
(c)  If less than a majority of the votes received at the recall election are in favor of removal of the member of the governing body named on the ballot, the member remains in office.  If a majority of the votes received are in favor of the removal of the member, the governing body shall immediately declare the member's office vacant and the vacancy shall be filled in the manner prescribed by law for filling a vacancy on the governing body. A member removed by recall may not be appointed to fill the vacancy and may not be a candidate in any election called to fill the vacancy.
Added by Acts 2013, 83rd Leg., R.S., Ch. 701 (H.B. 3015), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 21 - General Provisions Affecting Governing Body of Municipality › Subchapter C. Removal of Member of Governing Body of Certain General-Law Municipalities Following Election › Section 21.105. Clerk

Sec. 21.105.  CLERK.  In this subchapter, a municipal clerk includes a municipal secretary or any other officer of the municipality who performs the duties of a municipal clerk or secretary.
Added by Acts 2013, 83rd Leg., R.S., Ch. 701 (H.B. 3015), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.001. Chapter Applicable to Type a General-Law Municipality

Sec. 22.001.  CHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY.  This chapter 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 B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.002. Continuation of Offices in Municipality Changing to Type a General-Law Municipality

Sec. 22.002.  CONTINUATION OF OFFICES IN MUNICIPALITY CHANGING TO TYPE A GENERAL-LAW MUNICIPALITY.  If a municipality changes to a Type A general-law municipality under Subchapter B of Chapter 6, the officers serving in the municipality on the date of the change shall continue in office until their offices are superseded in conformity to the law applying to Type A general-law municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.003. Date of Municipal Election

Sec. 22.003.  DATE OF MUNICIPAL ELECTION.  An election for officers of the municipality shall be held annually, except as otherwise provided by law, in each ward of the municipality on an authorized uniform election date as provided by Chapter 41, Election Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.004. Plurality Vote Required for Election of Municipal Officer

Sec. 22.004.  PLURALITY VOTE REQUIRED FOR ELECTION OF MUNICIPAL OFFICER.  To be elected to an office of the municipality, a person must receive more votes than any other person for the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.005. Oath for Elected or Appointed Officer

Sec. 22.005.  OATH FOR ELECTED OR APPOINTED OFFICER.  (a)  A person who is elected or appointed to a municipal office under this code must take and sign the official oath of office before beginning to perform the duties of the office.
(b)  The governing body of the municipality by ordinance may require a municipal officer to take any additional oath that the governing body considers best calculated to secure the faithful performance of the officer's duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.006. Date on Which Officers Begin to Perform Duties

Sec. 22.006.  DATE ON WHICH OFFICERS BEGIN TO PERFORM DUTIES.  A newly elected municipal officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.007. Vacancy Created on Failure to Qualify

Sec. 22.007.  VACANCY CREATED ON FAILURE TO QUALIFY.  If a municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election, the office is considered vacant.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.008. Disqualification From Office

Sec. 22.008.  DISQUALIFICATION FROM OFFICE. (a) An officer who is entrusted with the collection or custody of funds belonging to the municipality and who is in default to the municipality may not hold any municipal office until the amount of the default, plus 10 percent interest, is paid to the municipality.
(b)  If a member of the governing body changes the member's  place of residence to a location outside the corporate boundaries of the municipality, the member is automatically disqualified from holding the member's office and the office is considered vacant.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1096 (H.B. 3727), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.009. Removal From Office for Misappropriation of Special Funds

Sec. 22.009.  REMOVAL FROM OFFICE FOR MISAPPROPRIATION OF SPECIAL FUNDS.  A municipal officer who misappropriates money in a special fund created by the municipality under Section 101.004 is guilty of malfeasance in office.  On the complaint of a person who has an interest in the affected funds, the officer shall be removed from office and is ineligible to hold any office in that municipality after removal.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.010. Filling Vacancy on Governing Body or in Other Municipal Office

Sec. 22.010.  FILLING VACANCY ON GOVERNING BODY OR IN OTHER MUNICIPAL OFFICE.  (a)  If for any reason a single vacancy exists on the governing body of the municipality, a majority of the remaining members who are present and voting, excluding the mayor, may fill the vacancy by appointment unless an election to fill the vacancy is required by Section 11, Article XI, Texas Constitution.  The mayor may vote on the appointment only if there is a tie.
(a-1)  A person serving as a member of the governing body is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.
(b)  The person appointed to fill the vacancy serves until the next regular municipal election.
(c)  In lieu of appointing a person to fill a vacancy on the governing body, a special election may be ordered to elect a person to fill the vacancy.
(d)  If two or more vacancies on the governing body exist at the same time, a special election shall be ordered to fill the vacancies.
(d-1)  A member of the governing body is ineligible to vote to fill a vacancy on the governing body by special election after resigning from the governing body.
(e)  If a vacancy exists in any other municipal office, the mayor or acting mayor shall appoint a person to fill the vacancy, subject to confirmation by the governing body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 513 (S.B. 653), Sec. 1, eff. June 16, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1096 (H.B. 3727), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.011. Filling Vacancy in Municipal Office Under Special Circumstances

Sec. 22.011.  FILLING VACANCY IN MUNICIPAL OFFICE UNDER SPECIAL CIRCUMSTANCES.  If a vacancy occurs in a municipal office by a resignation or in another manner and if the vacancy cannot be filled as provided by other law, the commissioners court of the county in which the municipality is located shall order an election to fill the vacancy if the court is petitioned to do so by at least 26 taxpaying voters residing 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 B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter A. General Provisions › Section 22.012. Resignation of Elected or Appointed Municipal Officer

Sec. 22.012.  RESIGNATION OF ELECTED OR APPOINTED MUNICIPAL OFFICER.  A municipal officer elected or appointed under this chapter may resign by submitting the resignation in writing to the governing body of the municipality.  The resignation is subject to the approval and acceptance of the governing body.  However, a person who is appointed by the mayor may submit the written resignation to the mayor for the mayor's action.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.031. Composition of Governing Body; Ward System Optional

Sec. 22.031.  COMPOSITION OF GOVERNING BODY;  WARD SYSTEM OPTIONAL.  (a)  If the municipality is divided into wards, the governing body of the municipality consists of a mayor who is elected by the qualified voters of the municipality and of two aldermen from each ward who are elected by the qualified voters of the ward.
(b)  If the municipality is not divided into wards, the governing body consists of a mayor and five aldermen who are elected by the qualified voters of the municipality, and the provisions of this subchapter relating to proceedings in a ward apply to the whole municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.032. Qualifications of Members of Governing Body

Sec. 22.032.  QUALIFICATIONS OF MEMBERS OF GOVERNING BODY.  (a)  To be eligible for the office of mayor of the municipality, a person must be a registered voter and must have resided within the municipal limits for at least the 12 months preceding the election day.  For purposes of this subsection, residency in an area while the area was not within the municipal limits is considered as residency within the limits if the area is a part of the municipality on election day.
(b)  To be eligible for the office of alderman of the municipality, a person must be a registered voter and must reside on election day in the ward from which the person may be elected.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 22 - Aldermanic Form of Government in Type a General-Law Municipality › Subchapter B. Governing Body › Section 22.033. Governing Body to Judge Election and Qualification of Members

Sec. 22.033.  GOVERNING BODY TO JUDGE ELECTION AND QUALIFICATION OF MEMBERS.  The governing body of the municipality is the judge of the election and qualifications of its members.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.