2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 5. TYPES OF MUNICIPALITIES IN GENERAL  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE A. TYPES OF MUNICIPALITIES

CHAPTER 5. TYPES OF MUNICIPALITIES IN GENERAL

SUBCHAPTER A. TYPES OF MUNICIPALITIES

Sec. 5.001. TYPE A GENERAL-LAW MUNICIPALITY. A municipality is

a Type A general-law municipality if it:

(1) has incorporated as a Type A general-law municipality under

Subchapter A of Chapter 6 and has not acted to change to another

type of municipality;

(2) has changed to a Type A general-law municipality under

Subchapter B of Chapter 6 and has not acted to change to another

type of municipality; or

(3) operated, immediately preceding September 1, 1987, under

Chapters 1-10, Title 28, Revised Statutes, and has not acted to

change to another type of municipality.

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

Sec. 5.002. TYPE B GENERAL-LAW MUNICIPALITY. A municipality is

a Type B general-law municipality if it:

(1) has incorporated as a Type B general-law municipality under

Chapter 7 and has not acted to change to another type of

municipality; or

(2) operated, immediately preceding September 1, 1987, under

Chapter 11, Title 28, Revised Statutes, and has not acted to

change to another type of municipality.

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

Sec. 5.003. TYPE C GENERAL-LAW MUNICIPALITY. A municipality is

a Type C general-law municipality if it:

(1) has incorporated as a Type C general-law municipality under

Subchapter A of Chapter 8 and has not acted to change to another

type of municipality;

(2) has changed to a Type C general-law municipality under

Subchapter B of Chapter 8 and has not acted to change to another

type of municipality; or

(3) operated, immediately preceding September 1, 1987, under

Chapter 12, Title 28, Revised Statutes, and has not acted to

change to another type of municipality.

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

Sec. 5.004. HOME-RULE MUNICIPALITY. A municipality is a

home-rule municipality if it operates under a municipal charter

that has been adopted or amended as authorized by Article XI,

Section 5, of the Texas Constitution.

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

Sec. 5.005. SPECIAL-LAW MUNICIPALITY. (a) A municipality is a

special-law municipality if it operates under a municipal charter

granted by a local law enacted by the Congress of the Republic of

Texas or by the legislature.

(b) A special-law municipality that has amended its municipal

charter as authorized by Article XI, Section 5, of the Texas

Constitution is also a home-rule municipality.

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

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS AFFECTING TYPES OF

MUNICIPALITIES

Sec. 5.901. TERRITORIAL REQUIREMENTS FOR INCORPORATION AS

GENERAL-LAW MUNICIPALITY. A community may not incorporate as a

general-law municipality unless it meets the following

territorial requirements:

(1) a community with fewer than 2,000 inhabitants must have not

more than two square miles of surface area;

(2) a community with 2,001 to 4,999 inhabitants must have not

more than four square miles of surface area; and

(3) a community with 5,001 to 9,999 inhabitants must have not

more than nine square miles of surface area.

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

Sec. 5.902. CHANGE IN DESIGNATION FROM TOWN TO CITY. (a) The

governing body of a Type A general-law municipality that was

designated as a "town" may change by ordinance its designation to

a "city."

(b) A change in designation does not affect the municipality's

corporate existence or powers.

(c) Bonds that are voted by a municipality and are unissued

before the municipality changes its designation may be issued in

the new name of the municipality as designated in the ordinance

changing the designation.

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

Sec. 5.903. CHARTER AMENDMENTS BY SPECIAL-LAW MUNICIPALITY

INCORPORATED BEFORE JUNE 30, 1881. (a) A special-law

municipality that was incorporated as a town or village before

June 30, 1881, by the Congress of the Republic of Texas or by the

legislature may amend its charter in any regard that does not

conflict with the law of this state if the amendment is approved

by a resolution of the governing body of the town or village and

by at least a two-thirds vote at an election held to ratify the

amendment.

(b) An amendment to a charter under Subsection (a) is not

effective until:

(1) the governing body of the town or village adopts a

resolution stating the amendment; and

(2) a certified copy of the amendment is approved by the

attorney general and recorded with the secretary of state.

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

Sec. 5.904. MUNICIPALITY NOT GOVERNED BY CORPORATE LAW. (a) A

municipality may not be considered a corporation under a state

statute governing corporations unless the statute extends its

application to a municipality by express use of the term

"municipal corporation," "municipality," "city," "town," or

"village."

(b) It is the intent of the legislature that the limitation

provided by this section apply regardless of whether the

municipality is acting in a governmental or proprietary function.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 2(a), eff. Aug. 28,

1989.