LOCAL GOVERNMENT CODE
CHAPTER 8. TYPE C GENERAL-LAW MUNICIPALITY
SUBCHAPTER A. INCORPORATION AS TYPE C GENERAL-LAW MUNICIPALITY
§ 8.001. AUTHORITY TO INCORPORATE AS TYPE C GENERAL-LAW
MUNICIPALITY. (a) A community may incorporate under this
subchapter as a Type C general-law municipality if it:
(1) constitutes an unincorporated city, town, or
village;
(2) contains 201 to 4,999 inhabitants; and
(3) meets the territorial requirements prescribed by
Section 5.901.
(b) A community incorporating as a Type C general-law
municipality adopts the commission form of government.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.002. PETITION TO INCORPORATE. The residents of a
community may initiate an attempt to incorporate under this
subchapter by filing with the county judge a written petition
signed by at least 10 percent of the qualified voters of the
community. The petition must request the county judge to order an
election to determine whether the community will incorporate as a
Type C general-law municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.003. ELECTION ORDER. If a county judge receives the
petition and if satisfactory proof is made that the community
contains the requisite number of inhabitants, the judge shall order
an incorporation election to be held on a specified date and at a
designated place in the community.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.004. ELECTION OFFICERS. The county judge shall
appoint two election judges and two election clerks to conduct the
incorporation election under this subchapter. The county judge
shall designate one of the election judges to be the presiding
judge.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.005. NOTICE OF ELECTION. Notice of an incorporation
election under this subchapter must be published in a newspaper in
the community before the 30th day before the date of the election,
or if there is no newspaper in the community, the notice must be
posted at three public places in the community for the 30 days
preceding the date of the election.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.006. ORDER OF INCORPORATION. If a majority of the
votes cast in an election under this subchapter are for
incorporation, the county judge shall enter an order in the minutes
of the commissioners court that the community is incorporated. The
incorporation is effective on the date the order is entered.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CHANGE FROM ANOTHER MUNICIPAL TYPE TO TYPE C
GENERAL-LAW MUNICIPALITY
§ 8.021. AUTHORITY TO CHANGE TO TYPE C GENERAL-LAW
MUNICIPALITY. (a) A Type A general-law municipality containing
501 to 4,999 inhabitants or a Type B general-law municipality
containing 501 to 999 inhabitants may change to a Type C general-law
municipality.
(b) A municipality changing to a Type C general-law
municipality adopts the commission form of government.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.022. PETITION TO CHANGE. The residents of a
municipality may initiate an attempt to make the change under this
subchapter by filing with the mayor of the municipality a written
petition signed by at least 10 percent of the qualified voters of
the municipality. The petition must request the mayor to order an
election to determine whether the municipality will change to a
Type C general-law municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.023. ELECTION ORDER. If the mayor receives the
petition, the mayor shall order an election on the question of the
change to be held in the municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.024. ELECTION OFFICERS. The mayor shall appoint two
election judges and two election clerks to conduct the election
under this subchapter. The mayor shall designate one of the
election judges to be the presiding judge.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.025. NOTICE OF ELECTION. In addition to the notice
required by Chapter 4, Election Code, notice of an election under
this subchapter must be published in a newspaper in the
municipality before the 30th day before the date of the election, or
if there is no newspaper in the municipality, the notice must be
posted at three public places in the municipality for the 30 days
preceding the date of the election.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 8.026. ORDER OF CHANGE. If a majority of the votes
cast in an election under this subchapter are for the change, the
mayor shall enter an order in the minutes of the municipality's
governing body that the municipality is changed. The change is
effective from the time the order is entered.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
