2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 24. COMMISSION FORM OF GOVERNMENT IN GENERAL-LAW MUNICIPALITY  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT

CHAPTER 24. COMMISSION FORM OF GOVERNMENT IN GENERAL-LAW

MUNICIPALITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 24.001. CHAPTER APPLICABLE TO TYPE C GENERAL-LAW

MUNICIPALITY. This chapter applies only to a Type C general-law

municipality.

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

SUBCHAPTER B. GOVERNING BODY

Sec. 24.021. INITIAL ELECTION OF GOVERNING BODY OF COMMUNITY

INCORPORATING AS TYPE C GENERAL-LAW MUNICIPALITY; INITIAL TERM.

(a) At the election at which a community votes to incorporate as

a Type C general-law municipality, a mayor and two commissioners

must be elected.

(b) The officers elected under this section serve until the date

of the first regular election for municipal officers.

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

Sec. 24.022. INITIAL ELECTION OF GOVERNING BODY OF MUNICIPALITY

CHANGING TO TYPE C GENERAL-LAW MUNICIPALITY; INITIAL TERM. (a)

The mayor of a municipality that votes to change to a Type C

general-law municipality continues to hold office for the term

for which the mayor was elected.

(b) At the election at which a municipality votes to change to a

Type C general-law municipality, two commissioners shall be

elected. The commissioners serve until the date of the first

regular election for municipal officers.

(c) After the initial commissioners elected under Subsection (b)

have qualified for office, the offices of the former governing

body of the municipality are abolished and the mayor and the

commissioners constitute the governing body of the municipality.

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

Sec. 24.023. REGULAR TERM OF OFFICE; REGULAR ELECTION DATE. (a)

The mayor and commissioners of the municipality serve for a term

of two years unless a longer term is established under Article

XI, Section 11, of the Texas Constitution.

(b) The election for mayor and commissioners shall be held on an

authorized uniform election date as provided by Chapter 41,

Election Code.

(c) The first regular election must be on an authorized uniform

election date occurring:

(1) in the case of a community incorporating as a Type C

general-law municipality, within one year after the expiration of

the month in which the incorporation election is held; or

(2) in the case of a municipality changing to a Type C

general-law municipality, within one year after the month in

which the election on the change is held.

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

Sec. 24.024. BOND OF MAYOR AND COMMISSIONERS. (a) The mayor

and each commissioner of the municipality must execute a bond.

The bond must be:

(1) in the amount of $3,000;

(2) conditioned that the mayor or commissioner will faithfully

perform the duties of the office;

(3) payable to the municipality for its use and benefit; and

(4) approved by the governing body.

(b) The bonds of the initial commissioners must be approved by

the governing body within 20 days after the date the county judge

or the mayor enters the order under Section 8.006 or 8.026.

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

Sec. 24.025. MEETINGS. (a) The governing body of the

municipality shall hold at least one regular monthly meeting.

(b) The mayor or two commissioners may call special meetings as

necessary to attend to municipal business.

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

Sec. 24.026. FILLING VACANCY ON GOVERNING BODY. (a) If the

mayor or commissioner of a municipality dies or resigns, the

other members of the governing body of the municipality shall

appoint a person to fill the vacancy. 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) If, because of death, resignation, failure to qualify, or

other reason, vacancies exist in the offices of mayor and

commissioner at the same time or in the offices of two

commissioners at the same time, the county judge shall order a

special election to fill the vacancies. The election is governed

by the provisions applicable to an election under Subchapter A,

Chapter 8.

(c) The county judge shall certify the results of the election

to the clerk of the governing body and the clerk shall enter the

results in the minutes.

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

Amended by Acts 2001, 77th Leg., ch. 402, Sec. 5, eff. Sept. 1,

2001.

Amended by:

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

513, Sec. 3, eff. June 16, 2007.

SUBCHAPTER C. OTHER MUNICIPAL OFFICERS

Sec. 24.051. OTHER MUNICIPAL OFFICERS; DUTIES. (a) The

governing body of the municipality may appoint a municipal

attorney and other officers that the governing body considers

necessary.

(b) The governing body may define the duties of the officers.

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

Sec. 24.052. CLERK AND TAX ASSESSOR-COLLECTOR; BOND; POWERS AND

DUTIES. (a) The governing body of the municipality shall

appoint a competent person as clerk of the municipality. The

clerk is also the tax assessor-collector of the municipality.

(b) Before beginning to perform the duties of the office, the

clerk must execute a good and sufficient bond with a surety

company authorized to do business in this state. The bond must

be:

(1) in an amount determined by the governing body to be

sufficient to protect the funds of the municipality, but not less

than twice the largest amount collected at any one time in the

preceding fiscal or calendar year;

(2) approved by the governing body; and

(3) filed and recorded in the minutes of the governing body.

(c) The clerk has the same powers and duties that are imposed by

the general laws on the clerk, treasurer, and tax

assessor-collector of a Type A or Type B general-law

municipality.

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

Sec. 24.053. ABOLITION OF MUNICIPAL OFFICE; DISCHARGE OF OFFICER

OR EMPLOYEE. At any time, the governing body of the municipality

may abolish an office that it creates and may discharge an

officer, clerk, or employee that it appoints.

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

SUBCHAPTER D. CHANGE FROM COMMISSION FORM OF GOVERNMENT TO

ANOTHER FORM

Sec. 24.071. CHANGE FROM COMMISSION FORM OF GOVERNMENT TO

ANOTHER FORM. (a) A Type C general-law municipality operating

under the commission form of government may adopt the aldermanic

form of government provided by Chapter 22 or may adopt any other

lawful form of government by majority vote at an election ordered

and held for that purpose.

(b) An election to consider changing from the commission form of

government to another form of government must be ordered and held

as provided by the provisions of Subchapter B, Chapter 8,

relating to an election to change to a Type C general-law

municipality.

(c) If a Type C general-law municipality adopts the aldermanic

form of government, the mayor and two commissioners holding

office immediately before the election continue to hold office as

mayor and aldermen for the remainder of their terms.

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