2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 23. ALDERMANIC FORM OF GOVERNMENT IN TYPE B GENERAL-LAW MUNICIPALITY  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT

CHAPTER 23. ALDERMANIC FORM OF GOVERNMENT IN TYPE B GENERAL-LAW

MUNICIPALITY

SUBCHAPTER A. GENERAL PROVISIONS

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

Sec. 23.002. FILLING VACANCY IN MUNICIPAL OFFICE. (a) 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.

(b) 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

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

513, Sec. 2, eff. June 16, 2007.

SUBCHAPTER B. GOVERNING BODY AND MARSHAL

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

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

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

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

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

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

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

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

Sec. 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, Sec. 1, eff. Aug. 28,

1995.

SUBCHAPTER C. OTHER MUNICIPAL OFFICERS

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

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

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