LOCAL GOVERNMENT CODE
CHAPTER 23. ALDERMANIC FORM OF GOVERNMENT IN TYPE B GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
§ 23.001. CHAPTER APPLICABLE TO TYPE B GENERAL-LAW
MUNICIPALITY. This chapter applies only to a Type B general-law
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.002. FILLING VACANCY IN MUNICIPAL OFFICE. The
aldermen on the governing body of the municipality shall fill any
vacancy that occurs in an office created by this chapter or created
under this chapter by the governing body unless an election to fill
the vacancy is required by Article XI, Section 11, of the Texas
Constitution. The vacant office shall be filled for the unexpired
term only.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. GOVERNING BODY AND MARSHAL
§ 23.021. INITIAL ELECTION OF GOVERNING BODY AND
MARSHAL. Immediately after the municipality has incorporated, the
county judge of the county in which the municipality is located
shall order an election for a mayor, five aldermen, and a marshal.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.022. INITIAL MAYOR. Immediately after election
returns for the initial election for municipal officers have been
made, the county judge shall commission the candidate who received
the highest number of votes for the office of mayor.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.023. REGULAR ANNUAL ELECTION. (a) After the
initial election, the election for the mayor, aldermen, and marshal
shall be held annually, except as otherwise provided by law, on an
authorized uniform election date as provided by Chapter 41,
Election Code.
(b) The mayor, or any two aldermen if the mayor is unable or
refuses to act, shall order the election.
(c) In addition to the notice required by Chapter 4,
Election Code, the authority ordering the election shall post
notice for at least the 20 days preceding election day in at least
three public places within the municipal limits.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.024. QUALIFICATIONS OF GOVERNING BODY AND MARSHAL;
BOND FOR MARSHAL. (a) To be eligible for the office of mayor,
alderman, or marshal of the municipality, a person must be a
qualified voter in the municipality and must have resided within
the municipal limits for at least the six months preceding election
day.
(b) The governing body shall prescribe the bond and security
that the marshal must execute. The bond must be executed within
five days after the date the marshal is elected or appointed, must
be approved by the mayor before the marshal begins to perform the
duties of the office, and must be payable to the municipality. If
the marshal does not execute the bond within the required period,
the governing body may appoint another person to the office.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.025. INITIAL TERM OF OFFICE. The mayor, aldermen,
and marshal elected at the initial election under Section 23.021
hold office until their successors have been duly elected at the
following annual municipal election and have qualified.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.026. REGULAR TERM OF OFFICE. (a) The mayor,
aldermen, and marshal of the municipality are elected for a term of
one year unless a longer term is established under Subsection (b) or
under Article XI, Section 11, of the Texas Constitution.
(b) In lieu of one-year terms of office, the governing body
may provide by ordinance for two-year staggered terms of office for
the mayor and aldermen. If the governing body adopts the ordinance,
the mayor and two aldermen serve for a term of two years. The two
aldermen who serve two-year terms are determined by drawing lots at
the first meeting of the governing body following the annual
municipal election held after the ordinance is adopted. The
remaining aldermen hold office for an initial term of one year.
Thereafter, all members of the governing body serve for a term of
two years.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.027. PRESIDENT; PRESIDENT PRO TEMPORE. (a) The
mayor is the president of the governing body of the municipality.
(b) At the first meeting of each new governing body or as
soon as practicable, the governing body shall elect one alderman to
serve as president pro tempore for a term of one year. The
president pro tempore performs the duties of the mayor if the mayor
fails, is unable, or refuses to act.
(c) If the mayor and president pro tempore are absent from a
meeting, the aldermen present at the meeting may appoint any
alderman to act as the presiding officer if a quorum is present.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.028. QUORUM. (a) The mayor and three aldermen
constitute a quorum.
(b) If the mayor is absent, four aldermen constitute a
quorum.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.029. ABOLITION OF OFFICE OF MARSHAL. The governing
body of a municipality with a population of less than 5,000 by
ordinance may abolish the office of marshal and, by the same
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 section.
Added by Acts 1995, 74th Leg., ch. 573, § 1, eff. Aug. 28, 1995.
SUBCHAPTER C. OTHER MUNICIPAL OFFICERS
§ 23.051. OTHER MUNICIPAL OFFICERS. The governing body
of the municipality may appoint officers, other than the mayor,
aldermen, or marshal, as necessary to carry out the municipality's
functions under this code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.052. DUTIES OF MUNICIPAL OFFICERS; BOND. (a) The
governing body of the municipality may prescribe the duties of the
officers it appoints under this subchapter.
(b) The governing body shall prescribe the bonds and
security that an appointed municipal officer must execute. The
bond must be executed within five days after the date the officer is
appointed, must be approved by the mayor before the officer begins
to perform the duties of the office, and must be payable to the
municipality. If the officer does not execute the bond within the
required period, the governing body may appoint another person to
the office.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 23.053. REMOVAL OF MUNICIPAL OFFICERS. The governing
body of the municipality may dismiss at any time the officers that
it appoints under this subchapter and may appoint others in their
places.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
