2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 22. ALDERMANIC FORM OF GOVERNMENT IN TYPE A GENERAL-LAW MUNICIPALITY  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT

CHAPTER 22. ALDERMANIC FORM OF GOVERNMENT IN TYPE A GENERAL-LAW

MUNICIPALITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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superseded in conformity to the law applying to Type A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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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.

(a-1) A person serving as a member of the governing body is not,

because of that service, ineligible to be appointed to fill a

vacancy in the office of mayor of the municipality, but the

person may not vote on the person's own appointment.

(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, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

513, Sec. 1, eff. June 16, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. GOVERNING BODY

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. OTHER MUNICIPAL OFFICERS

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 47, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 402, Sec. 4, eff. Sept. 1,

2001.