LOCAL GOVERNMENT CODE
CHAPTER 22. ALDERMANIC FORM OF GOVERNMENT IN TYPE A GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1987.
§ 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superseded in conformity to the law applying to Type A general-law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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 22.008. DISQUALIFICATION FROM OFFICE IF MUNICIPAL
FUNDS OWED. 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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, excluding the mayor, may fill the vacancy by
appointment unless an election to fill the vacancy is required by
Article XI, Section 11, of the Texas Constitution. The mayor may
vote on the appointment only if there is a tie.
(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.
(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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. GOVERNING BODY
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 22.034. INITIAL ELECTION AND TERM OF OFFICE. (a) If
the municipality is divided into wards, at the initial election for
officers of the municipality, the mayor and the two aldermen from
each ward shall be elected. The aldermen for each ward are the
candidates from that ward who receive the highest and second
highest number of votes at the initial election.
(b) The two aldermen elected from each ward shall draw lots
at the first regular meeting of the governing body of the
municipality to determine which alderman serves for one year and
which alderman serves for two years after the initial election. At
each following annual election, one alderman shall be elected from
each ward for the regular term.
(c) If the municipality is not divided into wards, the
governing body by ordinance may determine the number and the manner
of deciding which aldermen elected at the initial election for
officers serve for one year and which serve for two years.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.035. REGULAR TERM OF OFFICE. The mayor and
aldermen of the municipality are elected for a term of two years
unless a longer term is established under Article XI, Section 11, of
the Texas Constitution.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.036. INSTALLATION OF GOVERNING BODY. On the fifth
day after the date of the election, excluding Sundays, or as soon as
possible after that fifth day, the newly elected governing body of
the municipality shall meet at the usual meeting place and shall be
installed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.037. MAYOR AS PRESIDING OFFICER; PRESIDENT PRO
TEMPORE. (a) The mayor shall preside at all meetings of the
governing body of the municipality and, except in elections, may
vote only if there is a tie.
(b) At each new governing body's first meeting or as soon as
practicable, the governing body shall elect one alderman to serve
as president pro tempore for a term of one year.
(c) If the mayor fails, is unable, or refuses to act, the
president pro tempore shall perform the mayor's duties and is
entitled to receive the fees and compensation prescribed for the
mayor.
(d) If the mayor and the president pro tempore are absent,
any alderman may be appointed to preside at the meeting.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.038. MEETINGS. (a) The governing body of the
municipality shall meet at the time and place determined by a
resolution adopted by the governing body.
(b) The mayor may call a special meeting on the mayor's own
motion or on the application of three aldermen. Each member of the
governing body, the secretary, and the municipal attorney must be
notified of the special meeting. The notice may be given personally
or left at the person's usual place of residence.
(c) The governing body shall determine the rules of its
proceedings and may compel the attendance of absent members and
punish them for disorderly conduct.
(d) An alderman shall be fined $3 for each meeting that the
alderman fails to attend unless the absence is caused by the
alderman's illness or the illness of a family member.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.039. QUORUM. A majority of the number of aldermen
established by Section 22.031 for the municipality constitutes a
quorum. However, at a called meeting or at a meeting to consider
the imposition of taxes, two-thirds of the number of aldermen
established by that section constitutes a quorum unless provided
otherwise.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.040. CHANGE OF WARDS. (a) The governing body of
the municipality may divide the municipality into as many wards as
it considers necessary for the good of the residents and may change
ward boundaries. The wards must contain an equal number of voters
as far as practicable.
(b) The governing body may not change the number of wards or
boundaries of a ward during the three-month period preceding the
date of a municipal election.
(c) The wards of a municipality that changes to a Type A
general-law municipality under Subchapter B, Chapter 6, are not
affected by that action.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.041. VACANCY ON GOVERNING BODY IS CREATED. (a) If
an alderman moves from the ward from which the alderman is elected,
the alderman's office is considered vacant.
(b) If a member of the governing body is absent for three
regular consecutive meetings, the member's office is considered
vacant unless the member is sick or has first obtained a leave of
absence at a regular meeting.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.042. POWERS AND DUTIES OF MAYOR. (a) The mayor is
the chief executive officer of the municipality. The mayor shall at
all times actively ensure that the laws and ordinances of the
municipality are properly carried out. The mayor shall perform the
duties and exercise the powers prescribed by the governing body of
the municipality.
(b) The mayor shall inspect the conduct of each subordinate
municipal officer and shall cause any negligence, carelessness, or
other violation of duty to be prosecuted and punished.
(c) The mayor shall give to the governing body any
information, and shall recommend to the governing body any measure,
that relates to improving the finances, police, health, security,
cleanliness, comfort, ornament, or good government of the
municipality.
(d) The mayor may administer oaths of office.
(e) In the event of a riot or unlawful assembly or to
preserve the peace and good order in the municipality, the mayor may
order and enforce the closing of a theater, ballroom, or other place
of recreation or entertainment, or a public room or building and may
order the arrest of a person who violates a state law or a municipal
ordinance in the presence of the mayor.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.043. PETITIONS AND REMONSTRANCES PRESENTED TO
GOVERNING BODY. Petitions and remonstrances may be presented to
the governing body of the municipality and must be in writing.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. OTHER MUNICIPAL OFFICERS
§ 22.071. OTHER MUNICIPAL OFFICERS. (a) In addition
to the members of the governing body of the municipality, the other
officers of the municipality are the secretary, treasurer, assessor
and collector, municipal attorney, marshal, municipal engineer,
and any other officers or agents authorized by the governing body.
(b) The governing body by ordinance shall provide for the
election or appointment of the officers provided by this section.
(c) The governing body may confer on other municipal
officers the powers and duties of an officer provided for by this
section.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.072. POWERS AND DUTIES OF MUNICIPAL OFFICERS;
BOND. (a) The governing body of the municipality may require a
municipal officer whose duties are prescribed by this code to
perform additional duties.
(b) The governing body may prescribe the powers and duties
of a municipal officer appointed or elected to an office under this
code whose duties are not specified by this code.
(c) The governing body may require a municipal officer to
execute a bond payable to the municipality and conditioned that the
officer will faithfully perform the duties of the office.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.073. POWERS AND DUTIES OF SECRETARY. (a) The
secretary of the municipality shall attend each meeting of the
governing body of the municipality and shall keep, in a record
provided for that purpose, accurate minutes of the governing body's
proceedings.
(b) The secretary shall:
(1) engross and enroll all laws, resolutions, and
ordinances of the governing body;
(2) keep the corporate seal;
(3) take charge of, arrange, and maintain the records
of the governing body;
(4) countersign all commissions issued to municipal
officers and all licenses issued by the mayor, and keep a record of
those commissions and licenses; and
(5) prepare all notices required under any regulation
or ordinance of the municipality.
(c) The secretary shall notify the Texas Judicial Council of
the name of each person who is elected or appointed as mayor,
municipal court judge, or clerk of a municipal court of the
municipality. The secretary shall notify the judicial council
within 30 days after the date of the person's election or
appointment.
(d) The secretary shall draw all the warrants on the
treasurer, countersign the warrants, and keep, in a record provided
for that purpose, an accurate account of the warrants.
(e) The secretary serves as the general accountant of the
municipality and shall keep regular accounts of the municipal
receipts and disbursements. The secretary shall keep each cause of
receipt and disbursement separately and under proper headings. The
secretary shall also keep separate accounts with each person,
including each officer, who has monetary transactions with the
municipality. The secretary shall credit accounts allowed by
proper authority and shall specify the particular transaction to
which each entry applies. The secretary shall keep records of the
accounts and other information covered by this subsection.
(f) The secretary shall keep a register of bonds and bills
issued by the municipality and all evidence of debt due and payable
to the municipality, noting the relevant particulars and facts as
they occur.
(g) The secretary shall carefully keep all contracts made by
the governing body.
(h) The secretary shall perform all other duties required by
law, ordinance, resolution, or order of the governing body.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1248, § 47, eff. Sept. 1, 1989.
§ 22.074. CERTIFICATION OF SECRETARIES. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003, Education Code.
(b) A person may be certified to practice as a municipal
secretary in this state. The person shall be granted a certificate
on completion of a program of instruction for municipal secretaries
conducted at an institution of higher education.
(c) A private association of secretaries of municipalities
may contract with an institution of higher education to use the
facilities of the institution to provide a program of instruction
for municipal secretaries. The association shall develop the
program with the assistance of the institution. The institution
shall approve a program that meets qualifications for approval
developed by the institution. The association shall conduct the
program at the institution.
(d) A private association of secretaries that establishes a
program of instruction under this section shall pay the costs of the
program, including the payment of a reasonable fee to the
institution that houses the program for the use of the
institution's facilities. State funds may not be appropriated to
finance a certification program established under this section.
(e) A private association of secretaries that establishes a
program of instruction under this section shall issue a certificate
to each person who successfully completes the program. A person who
holds a certificate issued under this section must renew the
certificate not later than five years after the date on which the
original certificate was issued. The person may renew the
certificate on completion of a supplementary program of instruction
conducted at the institution of higher education.
(f) This section does not require a person to be certified
as a municipal secretary in order to practice in that capacity.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.075. BOND AND DUTIES OF TREASURER. (a) The
treasurer of the municipality shall execute a bond. The bond must:
(1) be in favor of the municipality;
(2) be in the form and amount required by the governing
body of the municipality;
(3) have security approved as sufficient by the
governing body; and
(4) be conditioned that the treasurer will faithfully
discharge the duties of the office.
(b) The treasurer shall receive and securely keep all money
belonging to the municipality. The treasurer shall make all
payments on the order of the mayor, attested by the secretary of the
municipality under the seal of the municipality. The treasurer may
not pay an order unless the face of the order shows that the
governing body directed the issuance of the order and shows the
purpose for which it is issued.
(c) The treasurer shall render to the governing body a full
statement of the receipts and payments. The statement must be
rendered at the governing body's first regular meeting in every
quarter and at other times as required by the governing body.
(d) The treasurer shall perform other acts and duties as the
governing body requires.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.076. BOND OF MARSHAL; ABOLITION OF
OFFICE. (a) The marshal of the municipality shall execute a bond.
The bond must be conditioned that the marshal will faithfully
perform the official duties as the governing body of the
municipality may require.
(b) The governing body of a municipality with a population
of less than 5,000 by ordinance may abolish the office of marshal
and, at the same time in the ordinance, confer the duties of the
office on a municipal police officer appointed as the governing
body directs or on any other peace officer of the county. However,
an elected marshal may not be removed from office under this
subsection.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 22.077. REMOVAL OF MUNICIPAL OFFICERS. (a) The
governing body of the municipality may remove a municipal officer
for incompetency, corruption, misconduct, or malfeasance in office
after providing the officer with due notice and an opportunity to be
heard.
(b) If the governing body lacks confidence in a municipal
officer appointed by the governing body, the governing body may
remove the officer at any time. The removal is effective only if
two-thirds of the elected aldermen vote in favor of a resolution
declaring the lack of confidence.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 402, § 4, eff. Sept. 1, 2001.
