reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter C. Removal by Criminal Conviction › Section 87.032. Appeal; Suspension

Sec. 87.032.  APPEAL; SUSPENSION.  If the 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 officer pending the appeal.  If the court finds that the public interest requires suspension, the court shall suspend the officer as provided by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 15.001, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 1048 (S.B. 232), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter D. Filling of Vacancies › Section 87.041. Vacancies Filled by Appointment of Commissioners Court

Sec. 87.041.  VACANCIES FILLED BY APPOINTMENT OF COMMISSIONERS COURT.
(a)  The commissioners court of a county may fill a vacancy in the office of:
(1)  county judge;
(2)  county clerk;
(3)  district and county clerk;
(4)  sheriff;
(5)  county attorney;
(6)  county treasurer;
(7)  county surveyor;
(8)   county tax assessor-collector;
(9)  justice of the peace;  or
(10)  constable.
(b)  The commissioners court shall fill a vacancy by a majority vote of the members of the court who are present and voting.
(c)  The person appointed by the commissioners court to fill the vacancy shall hold office until the next general election.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 37 (H.B. 328), Sec. 5, eff. May 19, 2009.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter D. Filling of Vacancies › Section 87.042. County Commissioner Vacancy

Sec. 87.042.  COUNTY COMMISSIONER VACANCY.  (a)  Except as provided by Subsection (b), if a vacancy occurs in the office of county commissioner, the county judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election.
(b)  This subsection applies only to a county with a population of more than 300,000. Not later than the 60th day after the date a vacancy occurs in the office of county commissioner, the county judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election. If the county judge does not make an appointment to fill the vacancy before the 61st day after the date the vacancy occurred, the commissioners court by majority vote shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 791 (H.B. 1927), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter D. Filling of Vacancies › Section 87.043. Temporary Absence in Office of County Judge in Certain Counties

Sec. 87.043.  TEMPORARY ABSENCE IN OFFICE OF COUNTY JUDGE IN CERTAIN COUNTIES.  (a)  In a county with a population of less than 150,000, a temporary absence occurs in the office of county judge if:
(1)  the county judge is located outside the county for 30 consecutive full days as a direct result of:
(A)  being a reservist or a member of the national guard who was ordered to duty under the authority of federal law;
(B)  enlisting in the armed forces or the national guard as a volunteer;  or
(C)  being inducted into the armed forces under federal draft laws;  and
(2)  the commissioners court determines in writing that the absence prevents the county judge from satisfactorily discharging the duties of the office.
(b)  If a temporary absence exists in the office of county judge, before the 30th day after the date the absence begins, the absent county judge may appoint a resident of the county to fill the office until the next term of that office or until the temporary absence ends, whichever event occurs first.  If the absent county judge does not appoint a resident of the county within the 30-day period, the commissioners court shall appoint a resident of the county to fill the office until the next term of that office or until the temporary absence ends, whichever event occurs first.
Added by Acts 1991, 72nd Leg., ch. 447, Sec. 1, eff. June 11, 1991.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.001. Certain Bonds Payable to County Judge; Custody of Bonds

Sec. 88.001.  CERTAIN BONDS PAYABLE TO COUNTY JUDGE;  CUSTODY OF BONDS.  The official bond of a county officer that is required by law to be approved by the commissioners court must, except as required by other law, be made payable to the county judge and kept and recorded by the county clerk.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.002. Application of Surety to Terminate Liability on Bond

Sec. 88.002.  APPLICATION OF SURETY TO TERMINATE LIABILITY ON BOND.  A surety on the official bond of a county officer may apply to the commissioners court to be relieved from the bond.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.003. Notice to Officer of Surety's Application

Sec. 88.003.  NOTICE TO OFFICER OF SURETY'S APPLICATION.  (a)  The county clerk shall issue to the officer giving the bond a notice and a copy of a surety's application to be relieved from a bond.
(b)  The sheriff or a constable of the county shall serve the notice and a copy of the application under this section on the officer.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.004. Officer to Stop Exercising Functions of Office

Sec. 88.004.  OFFICER TO STOP EXERCISING FUNCTIONS OF OFFICE.  On service of notice under Section 88.003, an officer shall stop exercising the functions of the officer's office, except that:
(1)  the officer shall preserve records and property in the officer's charge;  and
(2)  if the officer is a sheriff or constable, the officer shall:
(A)  keep prisoners;
(B)  preserve the peace;  and
(C)  execute warrants of arrest.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.005. Officer Who Fails to Give New Bond Vacates Office

Sec. 88.005.  OFFICER WHO FAILS TO GIVE NEW BOND VACATES OFFICE.  An officer who does not give a new bond before the 21st day after the date the officer receives notice under Section 88.003 vacates the officer's office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.006. New Bond; Discharge of Former Sureties

Sec. 88.006.  NEW BOND;  DISCHARGE OF FORMER SURETIES.  If an officer served notice under Section 88.003 gives a new bond and the bond is approved, the former sureties are discharged from liability for misconduct of the officer after the approval of the new bond.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.007. New Bond Required by Commissioners Court

Sec. 88.007.  NEW BOND REQUIRED BY COMMISSIONERS COURT.  (a)  A commissioners court that finds that a county officer's bond approved by the court is insufficient for any reason shall:
(1)  require the officer to give a new bond or additional security;  and
(2)  have the officer cited to appear at a term of the court not earlier than the sixth day after the date of service and take any action the court considers best for the public interest.
(b)  Action taken by the commissioners court under this section is final and may not be appealed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 88 - Official Bonds of County Officers and Employees › Section 88.008. Self-Insurance Instead of Bond

Sec. 88.008.  SELF-INSURANCE INSTEAD OF BOND.  (a)  Notwithstanding any other law requiring a county officer or employee to execute a bond as a condition of office or employment, a county officer or employee is not required to execute the bond and may perform the duties of office or employment if:
(1)  the commissioners court by order authorizes the county to self-insure against losses that would have been covered by the bond; and
(2)  the county judge approves the order adopted under Subdivision (1), if the county judge was required to approve the bond under the other law.
(b)  An order adopted by the commissioners court under Subsection (a) shall be kept and recorded by the county clerk.
Added by Acts 2013, 83rd Leg., R.S., Ch. 69 (S.B. 265), Sec. 3, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.001. Special Counsel in Populous Counties

Sec. 89.001.  SPECIAL COUNSEL IN POPULOUS COUNTIES.  (a)  The commissioners court of a county with a population of more than two million may employ an attorney as special counsel.
(b)  The special counsel may be employed to:
(1)  represent the county in any suit brought by or against the county;
(2)  prepare necessary documents and otherwise assist the court, the county engineer, and other county employees in the acquisition of rights-of-way for the county and for state highways;  or
(3)  represent the county in condemnation proceedings for the acquisition of rights-of-way for highways and other purposes for which the county has the right of eminent domain.
(c)  The county attorney shall select the special counsel.  If the county does not have a county attorney, the district attorney or criminal district attorney shall select the special counsel.  The selecting officer shall determine the terms and duration of employment of the special counsel, subject to the court's approval.
Acts 1987, 70th Leg.,ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 85, eff. Sept. 1, 1991.  Renumbered from Sec. 81.023 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(b), eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 19, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 20, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 127, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.002. State Association of Counties

Sec. 89.002.  STATE ASSOCIATION OF COUNTIES.  (a)  The commissioners court may spend, in the name of the county, money from the county's general fund for membership fees and dues of a nonprofit state association of counties if:
(1)  a majority of the court votes to approve membership in the association;
(2)  the association exists for the betterment of county government and the benefit of all county officials;
(3)  the association is not affiliated with a labor organization;
(4)  neither the association nor an employee of the association directly or indirectly influences or attempts to influence the outcome of any legislation pending before the legislature, except that this subdivision does not prevent a person from providing information for a member of the legislature or appearing before a legislative committee at the request of the committee or the member of the legislature;  and
(5)  neither the association nor an employee of the association directly or indirectly contributes any money, services, or other valuable thing to a political campaign or endorses a candidate or group of candidates for public office.
(b)  If any association or organization supported wholly or partly by payments of tax receipts from political subdivisions engages in an activity described by Subsection (a)(4) or (5), a taxpayer of a political subdivision that pays fees or dues to the association or organization is entitled to appropriate injunctive relief to prevent any further activity described by Subsection (a)(4) or (5) or any further payments of fees or dues.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.026 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.003. Central Mailing System in Counties With Population of More Than One Million

Sec. 89.003.  CENTRAL MAILING SYSTEM IN COUNTIES WITH POPULATION OF MORE THAN ONE MILLION.  The commissioners court of a county with a population of more than one million may establish a central mailing system to serve:
(1)  district and county courts in the county, including the office of the clerk of the court;
(2)  offices in the county of the judicial district in which the county is located;  and
(3)  offices and departments of the county.
Added by Acts 1995, 74th Leg., ch. 146, Sec. 1, eff. May 19, 1995.  Renumbered from Local Government Code Sec. 81.029 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(65), eff. Sept. 1, 1997.  Renumbered from Sec. 81.030 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.004. Presentation of Claim

Sec. 89.004.  PRESENTATION OF CLAIM.  (a)  Except as provided by Subsection (c), a person may not file suit on a claim against a county or an elected or appointed county official in the official's capacity as an appointed or elected official unless the person has presented the claim to the commissioners court and the commissioners court neglects or refuses to pay all or part of the claim before the 60th day after the date of the presentation of the claim.
(b)  If the plaintiff in a suit against a county does not recover more than the commissioners court offered to pay on presentation of the claim, the plaintiff shall pay the costs of the suit.
(c)  A person may file a suit for injunctive relief against a county.  After the court's ruling on the application for temporary injunctive relief, any portion of the suit that seeks monetary damages shall be abated until the claim is presented to the commissioners court and the commissioners court neglects or refuses to pay all or part of the claim by the 60th day after the date of the presentation of the claim.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.041 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(b), eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1203, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.0041. Notice of Suit Against County

Sec. 89.0041.  NOTICE OF SUIT AGAINST COUNTY.  (a)  A person filing suit against a county or against a county official in the official's capacity as a county official shall deliver written notice to:
(1)  the county judge;  and
(2)  the county or district attorney having jurisdiction to defend the county in a civil suit.
(b)  The written notice must be delivered by certified or registered mail by the 30th business day after suit is filed and contain:
(1)  the style and cause number of the suit;
(2)  the court in which the suit was filed;
(3)  the date on which the suit was filed; and
(4)  the name of the person filing suit.
(c)  If a person does not give notice as required by this section, the court in which the suit is pending shall dismiss the suit on a motion for dismissal made by the county or the county official.
Added by Acts 2003, 78th Leg., ch. 1203, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 21, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.005. Jurors and Witnesses

Sec. 89.005.  JURORS AND WITNESSES.  In a suit brought by or against a county, a resident of the county may be a juror or witness if the resident is otherwise competent.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.042 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 89 - General Provisions Relating to County Administration › Section 89.006. Satisfaction of Judgment

Sec. 89.006.  SATISFACTION OF JUDGMENT.  The commissioners court shall settle and pay a judgment against the county in the same manner and pro rata as other similar claims are settled and paid by the court.  Execution may not be issued on a judgment against a county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.043 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter A. Provisions Affecting Type a General-Law Municipalities › Section 101.001. Municipality Covered by Subchapter

Sec. 101.001.  MUNICIPALITY COVERED BY SUBCHAPTER.  This subchapter applies only to a Type A general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter A. Provisions Affecting Type a General-Law Municipalities › Section 101.002. Control of Finances

Sec. 101.002.  CONTROL OF FINANCES.  The governing body of the municipality may manage and control the finances of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter A. Provisions Affecting Type a General-Law Municipalities › Section 101.003. Appropriations; Payments

Sec. 101.003.  APPROPRIATIONS;  PAYMENTS.  The governing body of the municipality may appropriate money and provide for the payment of municipal debts and expenses.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter A. Provisions Affecting Type a General-Law Municipalities › Section 101.004. Special Funds; Disbursement

Sec. 101.004.  SPECIAL FUNDS;  DISBURSEMENT.  The governing body of the municipality may provide by ordinance for the creation of special funds for special purposes and may provide that a special fund may be disbursed only for the purpose for which the fund was created.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter A. Provisions Affecting Type a General-Law Municipalities › Section 101.005. Debt Payments; Improvements

Sec. 101.005.  DEBT PAYMENTS;  IMPROVEMENTS.  (a)  The governing body of the municipality may appropriate municipal revenues to:
(1)  retire and discharge the accrued indebtedness of the municipality;
(2)  improve public markets and streets;  or
(3)  erect and operate municipal hospitals, a city hall, waterworks, or other municipal buildings and facilities.
(b)  The governing body may appropriate municipal revenues under this section in amounts and under conditions that it considers appropriate.
(c)  In order to fulfill its functions under this section, the governing body may borrow money based on the credit of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter A. Provisions Affecting Type a General-Law Municipalities › Section 101.006. Receivership for Payment of Debts

Sec. 101.006.  RECEIVERSHIP FOR PAYMENT OF DEBTS.  (a)  On the failure of the municipality to accomplish a compromise of its debts or pending the negotiation of a compromise, the municipality may apply to the district court of the county in which the municipality is located to have the court take charge of the collection and appropriation of all taxes levied and assessed by the municipality, except an amount of taxes necessary to pay the current expenses of the municipality.  The application must describe the financial condition and insolvency of the municipality.
(b)  After the application is made to the district court, the court shall appoint a receiver or designate the assessor and collector of the municipality as receiver to collect and pay into a named depository, for the payment of the municipal debts, all taxes levied by the municipality.  The district court may not appoint a receiver except on the voluntary application of the municipality.
(c)  The district court shall decide all questions of priority between conflicting claimants of the municipal funds in the depository and shall provide for the ratable and equitable distribution of the funds among all creditors entitled to the funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter B. Provisions Applicable to Home-Rule Municipalities › Section 101.021. Municipality Covered by Subchapter

Sec. 101.021.  MUNICIPALITY COVERED BY SUBCHAPTER.  This subchapter applies only to a home-rule municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter B. Provisions Applicable to Home-Rule Municipalities › Section 101.022. General Fiscal Powers

Sec. 101.022.  GENERAL FISCAL POWERS.  The municipality may:
(1)  control and manage the finances of the municipality;  and
(2)  prescribe its fiscal year and other fiscal arrangements.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter B. Provisions Applicable to Home-Rule Municipalities › Section 101.0221. Fiscal Year for Certain Municipalities

Sec. 101.0221.  FISCAL YEAR FOR CERTAIN MUNICIPALITIES.  Notwithstanding any fiscal year provision in the municipal charter, a municipality with a population in excess of 500,000 which is situated in a county bordering the Republic of Mexico may prescribe its fiscal year by ordinance.
Added by Acts 1993, 73rd Leg., ch. 618, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.14, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter B. Provisions Applicable to Home-Rule Municipalities › Section 101.023. Garnishment

Sec. 101.023.  GARNISHMENT.  The municipality may provide that its municipal funds are not subject to garnishment and that the municipality is not required to answer in garnishment proceedings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter C. Provisions Applicable to General-Law Municipalities › Section 101.041. Municipality Covered by Subchapter

Sec. 101.041.  MUNICIPALITY COVERED BY SUBCHAPTER.  This subchapter applies only to a general-law municipality.
Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 101 - General Financial Provisions Affecting Municipalities › Subchapter C. Provisions Applicable to General-Law Municipalities › Section 101.042. Fiscal Year

Sec. 101.042.  FISCAL YEAR.  The governing body of the municipality by ordinance may prescribe the fiscal year of the municipality.
Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.001. Budget Officer

Sec. 102.001.  BUDGET OFFICER.  (a)  The mayor of a municipality serves as the budget officer for the governing body of the municipality except as provided by Subsection (b).
(b)  If the municipality has the city manager form of government, the city manager serves as the budget officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.002. Annual Budget Required

Sec. 102.002.  ANNUAL BUDGET REQUIRED.  The budget officer shall prepare each year a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.003. Itemized Budget; Contents

Sec. 102.003.  ITEMIZED BUDGET;  CONTENTS.  (a)  The budget officer shall itemize the budget to allow as clear a comparison as practicable between expenditures included in the proposed budget and actual expenditures for the same or similar purposes made for the preceding year.  The budget must show as definitely as possible each of the projects for which expenditures are set up in the budget and the estimated amount of money carried in the budget for each project.
(b)  The budget must contain a complete financial statement of the municipality that shows:
(1)  the outstanding obligations of the municipality;
(2)  the cash on hand to the credit of each fund;
(3)  the funds received from all sources during the preceding year;
(4)  the funds available from all sources during the ensuing year;
(5)  the estimated revenue available to cover the proposed budget;  and
(6)  the estimated tax rate required to cover the proposed budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.004. Information Furnished by Municipal Officers and Boards

Sec. 102.004.  INFORMATION FURNISHED BY MUNICIPAL OFFICERS AND BOARDS.  In preparing the budget, the budget officer may require any municipal officer or board to furnish information necessary for the budget officer to properly prepare the budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.005. Proposed Budget Filed With Municipal Clerk; Public Inspection

Sec. 102.005.  PROPOSED BUDGET FILED WITH MUNICIPAL CLERK;  PUBLIC INSPECTION.  (a)  The budget officer shall file the proposed budget with the municipal clerk before the 30th day before the date the governing body of the municipality makes its tax levy for the fiscal year.
(b)  A proposed budget that will require raising more revenue from property taxes than in the previous year must contain a cover page with the following statement in 18-point or larger type:  "This budget will raise more total property taxes than last year's budget by (insert total dollar amount of increase and percentage increase), and of that amount (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll) is tax revenue to be raised from new property added to the tax roll this year."
(c)  The proposed budget shall be available for inspection by any person.  If the municipality maintains an Internet website, the municipal clerk shall take action to ensure that the proposed budget is posted on the website.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 924 (H.B. 3195), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.006. Public Hearing on Proposed Budget

Sec. 102.006.  PUBLIC HEARING ON PROPOSED BUDGET.  (a)  The governing body of a municipality shall hold a public hearing on the proposed budget.  Any person may attend and may participate in the hearing.
(b)  The governing body shall set the hearing for a date occurring after the 15th day after the date the proposed budget is filed with the municipal clerk but before the date the governing body makes its tax levy.
(c)  The governing body shall provide for public notice of the date, time, and location of the hearing.  The notice must include, in type of a size at least equal to the type used for other items in the notice, any statement required to be included in the proposed budget under Section 102.005(b).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 924 (H.B. 3195), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.0065. Special Notice by Publication for Budget Hearing

Sec. 102.0065.  SPECIAL NOTICE BY PUBLICATION FOR BUDGET HEARING.  (a)  The governing body of a municipality shall publish notice before a public hearing relating to a budget in at least one newspaper of general circulation in the county in which the municipality is located.
(b)  Notice published under this section is in addition to notice required by other law, except that if another law requires the governing body to give notice, by publication, of a hearing on a budget this section does not apply.
(c)  Notice under this section shall be published not earlier than the 30th or later than the 10th day before the date of the hearing.
(d)  Notice under this section must include, in type of a size at least equal to the type used for other items in the notice, any statement required to be included in the proposed budget under Section 102.005(b).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 24, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 924 (H.B. 3195), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.008. Approved Budget Filed With Municipal Clerk: Posting on Internet

Sec. 102.008.  APPROVED BUDGET FILED WITH MUNICIPAL CLERK:  POSTING ON INTERNET.  (a)  On final approval of the budget by the governing body of the municipality, the governing body shall:
(1)  file the budget with the municipal clerk; and
(2)  if the municipality maintains an Internet website, take action to ensure that:
(A)  a copy of the budget, including the cover page, is posted on the website; and
(B)  the record vote described by Section 102.007(d)(2) is posted on the website at least until the first anniversary of the date the budget is adopted.
(b)  The governing body shall take action to ensure that the cover page of the budget is amended to include the property tax rates required by Section 102.007(d)(3) for the current fiscal year if the rates are not included on the cover page when the budget is filed with the municipal clerk.  The governing body shall file an amended cover page with the municipal clerk and take action to ensure that the amended cover page is posted on the municipality's website.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 924 (H.B. 3195), Sec. 5, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1329 (S.B. 656), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.009. Levy of Taxes and Expenditure of Funds Under Budget; Emergency Expenditure

Sec. 102.009.  LEVY OF TAXES AND EXPENDITURE OF FUNDS UNDER BUDGET;  EMERGENCY EXPENDITURE.  (a)  The governing body of the municipality may levy taxes only in accordance with the budget.
(b)  After final approval of the budget, the governing body may spend municipal funds only in strict compliance with the budget, except in an emergency.
(c)  The governing body may authorize an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention.  If the governing body amends the original budget to meet an emergency, the governing body shall file a copy of its order or resolution amending the budget with the municipal clerk, and the clerk shall attach the copy to the original budget.
(d)  After the adoption of the budget or a budget amendment, the budget officer shall provide for the filing of a true copy of the approved budget or amendment 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 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.010. Changes in Budget for Municipal Purposes

Sec. 102.010.  CHANGES IN BUDGET FOR MUNICIPAL PURPOSES.  This chapter does not prevent the governing body of the municipality from making changes in the budget for municipal purposes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 102 - Municipal Budget › Section 102.011. Circumstances Under Which Charter Provisions Control

Sec. 102.011.  CIRCUMSTANCES UNDER WHICH CHARTER PROVISIONS CONTROL.  If a municipality has already adopted charter provisions that require the preparation of an annual budget covering all municipal expenditures and if the municipality conducts a public hearing on the budget as provided by Section 102.006 and otherwise complies with the provisions of this chapter relating to property tax increases, the charter provisions control.  After the budget has been finally prepared and approved, a copy of the budget and the amendments to the budget shall be filed with the county clerk, as required for other budgets under this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 924 (H.B. 3195), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 103 - Audit of Municipal Finances › Section 103.001. Annual Audit; Financial Statement

Sec. 103.001.  ANNUAL AUDIT;  FINANCIAL STATEMENT.  (a)  A municipality shall have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit.
(b)  A municipality subject to Section 16.356, Water Code, must include in its financial statement a specific report on compliance with that section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 103 - Audit of Municipal Finances › Section 103.002. Auditor

Sec. 103.002.  AUDITOR.  A municipality whose records and accounts are not audited annually by a person prescribed by statute, by charter, or by a person in the regular employ of the municipality shall employ at its own expense a certified public accountant who is licensed in this state or a public accountant who holds a permit to practice from the Texas State Board of Public Accountancy to conduct the audit and to prepare the annual financial statement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 103 - Audit of Municipal Finances › Section 103.003. Filing; Public Record

Sec. 103.003.  FILING;  PUBLIC RECORD.  (a)  The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the municipal secretary or clerk within 180 days after the last day of the municipality's fiscal year.
(b)  The financial statement is a public record.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 862 (H.B. 1456), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 103 - Audit of Municipal Finances › Section 103.004. Valuation of Certain Benefit Programs

Sec. 103.004.  VALUATION OF CERTAIN BENEFIT PROGRAMS.  (a)  A municipality that provides a continuing organized program of service retirement benefits, disability retirement benefits, or death benefits for any of its officers or employees must include in the annual financial statement a valuation of the financial assets and liabilities of the program as shown in the most recent actuarial valuation of the program.
(b)  This section does not apply to:
(1)  a program for which the only funding agency is a life insurance company;
(2)  a program providing only workers' compensation benefits;  or
(3)  a program administered by the municipality as a member of the Texas Municipal Retirement System.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 104 - Municipal Investment of Trust Funds and Special Deposits › Section 104.001. Chapter Applicable to Certain Home-Rule Municipalities

Sec. 104.001.  CHAPTER APPLICABLE TO CERTAIN HOME-RULE MUNICIPALITIES.  This chapter applies only to a home-rule municipality with a population of one million or more whose charter provides for an elected comptroller, auditor, or treasurer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 86, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 104 - Municipal Investment of Trust Funds and Special Deposits › Section 104.002. Authority to Make Investments

Sec. 104.002.  AUTHORITY TO MAKE INVESTMENTS.  (a)  The municipality may invest trust funds and special deposits in the custody of the municipality.
(b)  The municipal official responsible for managing and conducting the municipality's fiscal affairs shall make the investments.  The investments are subject to the supervision and control of the governing body, as established by ordinance.
(c)  The municipality may invest the funds in amounts that are not required for immediate disbursement according to official estimates by purchasing obligations of the United States government or by placing the funds in time deposit accounts with one or more depository banks of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 104 - Municipal Investment of Trust Funds and Special Deposits › Section 104.003. Effect of Early Withdrawal

Sec. 104.003.  EFFECT OF EARLY WITHDRAWAL.  If any of the funds placed in time deposit accounts are required before maturity, they shall be made available by the depository bank, but the bank is not liable for interest earned on any amount withdrawn before maturity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 104 - Municipal Investment of Trust Funds and Special Deposits › Section 104.004. Interest

Sec. 104.004.  INTEREST.  The municipal official responsible for managing and conducting the fiscal affairs shall receive the interest earned on the investments and shall place the interest in the municipal general fund as compensation to the municipality for holding and handling the trust funds and special deposits for the benefit of the persons ultimately entitled to receive the funds and deposits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 104 - Municipal Investment of Trust Funds and Special Deposits › Section 104.005. Cumulative Effect With Charter Provisions

Sec. 104.005.  CUMULATIVE EFFECT WITH CHARTER PROVISIONS.  This chapter is cumulative of the municipal powers of investment derived from the municipal charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 105 - Depositories for Municipal Funds › Subchapter A. General Provisions › Section 105.001. Definitions

Sec. 105.001.  DEFINITIONS.  In this chapter:
(1)  "Bank" means a state bank or a national bank that has its main office or a branch office in this state.
(2)  "Credit union" means a state credit union or federal credit union domiciled in this state.
(3)  "Demand deposit" means a deposit of funds that may be withdrawn on the demand of the depositor.
(4)  "Depository" means the bank, credit union, or savings association selected by the municipality to provide depository services.
(5)  "Time deposit" means a deposit of funds subject to a contract between the depositor and the depository under which the depositor may not withdraw any of the funds by check or by another manner until the expiration of a certain period following written notice of the depositor's intent to withdraw the funds.
(6)  "Depository services" means the receipt and disbursement of funds by a depository in accordance with the terms of a depository services contract.
(7)  "Depository services contract" means a contract executed by a municipality and a depository containing terms and conditions relating to the depository services to be provided by the depository.
(8)  "Designated officer" means the treasurer of a municipality or other officer of the municipality so designated by the governing body of a municipality.
(9)  "Federal credit union" means a credit union organized under the Federal Credit Union Act (12 U.S.C. Section 1751 et seq.).
(10)  "Federal savings association" means a savings and loan association or a savings bank organized under federal law.
(11)  "National bank" means a banking corporation organized under the provisions of 12 U.S.C. Section 21.
(12)  "Savings association" means a savings association or savings bank organized under the laws of this state, another state, or federal law that has its main office or a branch office in this state.
Text of subsec. (13) as amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.79
(13)  "State bank" has the meaning assigned by Section 31.002(a), Finance Code.
Text of subsec. (13) as amended by Acts 1999, 76th Leg., ch. 344, Sec. 5.008
(13)  "State bank" means a bank organized under the laws of this state or another state.
(14)  "State credit union" means a credit union organized under Subtitle D, Title 3, Finance Code.
(15)  "State savings association" means any savings and loan association or savings bank organized under the laws of this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 234, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 914, Sec. 9, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 7.79, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 344, Sec. 5.008, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle A - Municipal Finances › Chapter 105 - Depositories for Municipal Funds › Subchapter A. General Provisions › Section 105.002. Funds Affected

Sec. 105.002.  FUNDS AFFECTED.  This chapter applies to the funds, including school funds, of any municipality or any department or agency of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 234, Sec. 1, eff. Sept. 1, 1993.