LOCAL GOVERNMENT CODE
CHAPTER 7. TYPE B GENERAL-LAW MUNICIPALITY
§ 7.001. AUTHORITY TO INCORPORATE AS TYPE B GENERAL-LAW
MUNICIPALITY. A community may incorporate under this chapter as a
Type B general-law municipality if it:
(1) constitutes an unincorporated town or village;
(2) contains 201 to 9,999 inhabitants; and
(3) meets the territorial requirements prescribed by
Section 5.901.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 7.002. APPLICATION TO INCORPORATE. (a) The
residents of a community may initiate an attempt to incorporate the
community under this chapter by filing with the county judge of the
county in which the community is located an application to
incorporate signed by at least 50 qualified voters who are
residents of the community.
(b) The application must state the proposed boundaries and
name of the municipality, and it must be accompanied by a plat of
the proposed municipality that contains only the territory to be
used strictly for municipal purposes.
(c) If a community is located in two counties, the
application to incorporate may be filed with the county judge of
either county.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 65, § 1, eff. Sept. 1, 1989.
§ 7.003. ELECTION ORDER. If satisfactory proof is made
that a community that has filed an application to incorporate under
this chapter contains the requisite number of inhabitants, the
county judge shall order an incorporation election to be held on a
specified date and at a designated place in the community.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 7.004. ELECTION OFFICERS. The county judge shall
appoint an officer to preside at an incorporation election under
this chapter. The presiding officer shall appoint two election
judges and two election clerks to assist in conducting the
election.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 7.005. NOTICE OF ELECTION. An incorporation election
under this chapter may not be held until notice of the election has
been posted at three public places in the community for the 10 days
preceding the date of the election.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 7.006. QUALIFIED VOTERS. Each qualified voter who
resides within the boundaries of the proposed municipality may vote
at the election.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 7.007. ORDER OF INCORPORATION. (a) Within 20 days
after the date the county judge receives the returns of an
incorporation election, the judge shall, if a majority of the votes
cast are for incorporation, make an entry in the records of the
commissioners court that the community is incorporated. The judge
shall include the boundaries of the municipality in the entry. The
incorporation of the community as a municipality is effective on
the date the entry is made.
(b) A certified copy of the entry and a plat of the
municipality shall be recorded in the deed records of the county in
which the municipality is located.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 7.008. INTERVAL BETWEEN ELECTIONS. A county judge may
not order an incorporation election under this chapter to be held
earlier than three years after the date of the most recent
incorporation election under this chapter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 792, § 1, eff. Sept. 1, 1989.
