2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 26. FORM OF GOVERNMENT IN HOME-RULE MUNICIPALITY  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT

CHAPTER 26. FORM OF GOVERNMENT IN HOME-RULE MUNICIPALITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 26.001. CHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY. This

chapter applies only to a home-rule municipality.

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

SUBCHAPTER B. FORM OF GOVERNMENT

Sec. 26.021. FORM OF GOVERNMENT. The municipality may adopt and

operate under any form of government, including the aldermanic or

commission form.

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

SUBCHAPTER C. MUNICIPAL OFFICERS

Sec. 26.041. CREATION OF MUNICIPAL OFFICES. The municipality

may:

(1) create offices;

(2) determine the method for selecting officers; and

(3) prescribe the qualifications, duties, and tenure of office

for officers.

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

Sec. 26.042. DATE FOR ELECTION OF OFFICERS. The governing body

of the municipality may set the date of election for municipal

officers in accordance with applicable provisions of the Election

Code.

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

Sec. 26.043. FILLING VACANCY IN ELECTIVE OFFICE IN MUNICIPALITY

WITH POPULATION OF 384,000 OR MORE. (a) If a vacancy occurs in

an elective office of a municipality with a population of 384,000

or more and if the charter of the municipality does not provide

for the filling of the vacancy, the governing body of the

municipality, by majority vote, shall appoint an individual to

fill the vacated office for the unexpired term. Pending that

appointment, the governing body may appoint a person on a

temporary basis to serve for a period not to exceed 60 days.

(b) A person appointed under Subsection (a) must possess the

qualifications required of the elected official.

(c) If the municipality holds an election to vote on proposed

amendments to its charter, it shall at that time submit a

proposed charter amendment to provide a method for filling

vacancies in elective offices.

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

Sec. 26.044. ELECTION FROM SINGLE-MEMBER AND AT-LARGE DISTRICTS;

LIMITATION ON YEARS OF SERVICE. (a) The governing body of a

municipality with a population of 1.5 million or more must

consist of one mayor elected at large, 16 members elected from

single-member districts, and six members elected at large. Each

member representing a single-member district must reside in the

district.

(b) This section supersedes any charter provision or ordinance

adopted before January 1, 1992. The municipality may adopt a

different composition or organization of its governing body in a

manner provided by its charter on or after January 1, 1992.

(c) The municipality may provide for the members of the

governing body to serve staggered terms.

(d) After each redistricting, the terms of the members of the

governing body representing single-member districts expire, and

an election shall be held in each new district to fill the

position for that district.

(e) The districts must be compact and contiguous and as equal as

practicable in population.

(f) A municipality having the population provided by Subsection

(a) according to the 1980 federal decennial census and covered by

Subsection (a) under the 1990 federal decennial census must

comply with Subsection (a) not later than May 1, 1992. Before

that date, the governing body of the municipality may implement

the transition to a governing body that complies with Subsection

(a) as it determines appropriate.

(g) A municipality to which this section applies for the first

time under the 1990 or a subsequent federal decennial census must

comply with Subsection (a) before the next January 1 that occurs

at least one year after the date the official census data for the

municipality is made public by the United States Bureau of the

Census.

(h) Subsections (a) through (f) apply to a municipality having

the population described by Subsection (a) under the 1980 and

1990 federal decennial censuses only if a finding is made that

representation of the citizens of the municipality requires that

the governing body consist of members as required by Subsection

(a). The finding must be made by the voters of the municipality

voting at an election on the question. The mayor of the

municipality shall order an election on the question for the

November 1991 uniform election date. The mayor shall order the

ballot for the election to be printed to provide for voting for

or against the proposition: "Representation of the citizens of

the municipality of (name of the municipality) requires that the

governing body of the municipality consist of (a description of

the requirements of Subsection (a))." If a majority of the votes

cast at the election favor the proposition, the finding required

by this subsection is considered to have been made, and this

section shall be implemented in the municipality. If a majority

of the votes cast are not in favor of the proposition, this

section has no effect in the municipality.

(i) If this section takes effect on or before July 1, 1991, the

election as required by Subsection (h) shall be held on August

10, 1991, as required by Section 41.001, Election Code, instead

of on the November 1991 uniform election date.

(j) Repealed by Acts 1993, 73rd Leg., ch. 919, Sec. 2, eff. Aug.

30, 1993.

Added by Acts 1991, 72nd Leg., ch. 666, Sec. 1, eff. June 16,

1991. Amended by Acts 1993, 73rd Leg., ch. 919, Sec. 2, eff. Aug.

30, 1993.

Sec. 26.045. FILLING VACANCY ON GOVERNING BODY OF MUNICIPALITY

WITH POPULATION OF 1.5 MILLION OR MORE. If a vacancy occurs on

the governing body of a municipality with a population of 1.5

million or more and more than 270 days remain before the date of

the next general election of members of the governing body, the

governing body shall order a special election in the district in

which the vacancy occurred, or in the entire municipality if the

vacancy occurred in an at-large position, to fill the vacancy.

The special election shall be held on an authorized uniform

election date prescribed by the Election Code that occurs before

the general election and that allows enough time to hold the

election in the manner required by law and shall be conducted in

the same manner as the municipality's general election except as

provided by provisions of the Election Code applicable to special

elections to fill vacancies.

Added by Acts 1993, 73rd Leg., ch. 919, Sec. 1, eff. Aug. 30,

1993.

Sec. 26.046. SIZE OF GOVERNING BODY: CERTAIN MUNICIPALITIES.

(a) This section applies only to a municipality with a

population of 1.1 million or more that elects each member of its

governing body other than the mayor from fewer than 14

single-member districts.

(b) Notwithstanding a charter provision to the contrary, the

municipality may provide by ordinance for the number of districts

used to elect members to the municipality's governing body. The

ordinance may not provide for more than 14 districts.

(c) This section does not affect a mayor who, under a charter

provision, is elected in a municipality at large.

Added by Acts 2001, 77th Leg., ch. 1179, Sec. 1, eff. June 15,

2001.

Sec. 26.047. FILLING VACANCY IN OFFICE OF MAYOR. Unless

otherwise provided by the charter of the municipality or this

chapter, a person serving as a member of the governing body of

the municipality 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.

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

513, Sec. 4, eff. June 16, 2007.