2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 51. GENERAL POWERS OF MUNICIPALITIES  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES

CHAPTER 51. GENERAL POWERS OF MUNICIPALITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 51.001. ORDINANCE, RULE, OR REGULATION NECESSARY TO CARRY

OUT OTHER POWERS. The governing body of a municipality may

adopt, publish, amend, or repeal an ordinance, rule, or police

regulation that:

(1) is for the good government, peace, or order of the

municipality or for the trade and commerce of the municipality;

and

(2) is necessary or proper for carrying out a power granted by

law to the municipality or to an office or department of the

municipality.

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

Sec. 51.003. MUNICIPAL ACT OR PROCEEDING PRESUMED VALID. (a) A

governmental act or proceeding of a municipality is conclusively

presumed, as of the date it occurred, to be valid and to have

occurred in accordance with all applicable statutes and

ordinances if:

(1) the third anniversary of the effective date of the act or

proceeding has expired; and

(2) a lawsuit to annul or invalidate the act or proceeding has

not been filed on or before that third anniversary.

(b) This section does not apply to:

(1) an act or proceeding that was void at the time it occurred;

(2) an act or proceeding that, under a statute of this state or

the United States, was a misdemeanor or felony at the time the

act or proceeding occurred;

(3) an incorporation or attempted incorporation of a

municipality, or an annexation or attempted annexation of

territory by a municipality, within the incorporated boundaries

or extraterritorial jurisdiction of another municipality that

occurred without the consent of the other municipality in

violation of Chapter 42 or 43;

(4) an ordinance that, at the time it was passed, was preempted

by a statute of this state or the United States, including

Section 1.06 or 109.57, Alcoholic Beverage Code; or

(5) a matter that on the effective date of this section:

(A) is involved in litigation if the litigation ultimately

results in the matter being held invalid by a final judgment of a

court; or

(B) has been held invalid by a final judgment of a court.

Added by Acts 1999, 76th Leg., ch. 1338, Sec. 1, eff. June 19,

1999.

SUBCHAPTER B. PROVISIONS APPLICABLE TO TYPE A GENERAL-LAW

MUNICIPALITY

Sec. 51.011. SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW

MUNICIPALITY. This subchapter applies only to a Type A

general-law municipality.

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

Sec. 51.012. ORDINANCES AND REGULATIONS. The municipality may

adopt an ordinance, act, law, or regulation, not inconsistent

with state law, that is necessary for the government, interest,

welfare, or good order of the municipality as a body politic.

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

Sec. 51.013. AUTHORITY RELATING TO LAWSUITS. The municipality

may sue and be sued, implead and be impleaded, and answer and be

answered in any matter in any court or other place.

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

Sec. 51.014. AUTHORITY TO CONTRACT. The municipality may

contract with other persons.

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

Sec. 51.015. AUTHORITY TO HOLD, PURCHASE, LEASE, OR CONVEY

PROPERTY. (a) To carry out a municipal purpose, the

municipality may take, hold, purchase, lease, grant, or convey

property located in or outside the municipality.

(b) The governing body of the municipality may manage and

control the property belonging to the municipality.

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

Sec. 51.016. ADOPTION AND USE OF SEAL. The municipality may

adopt a corporate seal for the use of the municipality. The

municipality may change and renew the seal.

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

Sec. 51.017. CONTINUATION OF POWERS, DUTIES, PENALTIES, AND

SUITS AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY. (a) This

section applies only to a Type A general-law municipality that:

(1) changed to that type under Subchapter B of Chapter 6; or

(2) changed its municipal type under the predecessor statutes to

Subchapter B of Chapter 6.

(b) The municipality continues to have the powers, rights,

immunities, privileges, and franchises possessed at the time the

municipality changed to a Type A general-law municipality and

continues to be subject to the duties it had at the time of the

change.

(c) A right, action, fine, penalty, or forfeiture that, under

the laws in effect before the municipality changed to a Type A

general-law municipality, accrued in favor of the municipality in

a suit or in any other manner continues to be vested in and shall

be prosecuted by the municipality after the change.

(d) A suit pending against the municipality before the

municipality changed to a Type A general-law municipality is not

affected by the change. After the change, the municipality shall,

as appropriate, prosecute or defend the suit.

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

Sec. 51.018. OWNERSHIP AND SALE OF PROPERTY AFTER CHANGE TO TYPE

A GENERAL-LAW MUNICIPALITY. (a) This section applies only to a

Type A general-law municipality described by Section 51.017(a).

(b) The property belonging to the municipality before it changed

to a Type A general-law municipality continues to belong to the

municipality after the change.

(c) If, before changing to a Type A general-law municipality,

the municipality was incorporated under a law of the Republic of

Texas, the governing body of the municipality may sell the

property and appropriate the proceeds of the sale for the

acquisition, construction, maintenance, or operation of a water,

sewer, gas, or electric light or power system in or outside the

municipality or for any other public improvement in the

municipality.

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

SUBCHAPTER C. PROVISIONS APPLICABLE TO TYPE B GENERAL-LAW

MUNICIPALITY

Sec. 51.031. SUBCHAPTER APPLICABLE TO TYPE B GENERAL-LAW

MUNICIPALITY. This subchapter applies only to a Type B

general-law municipality.

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

Sec. 51.032. ORDINANCES AND BYLAWS. (a) The governing body of

the municipality may adopt an ordinance or bylaw, not

inconsistent with state law, that the governing body considers

proper for the government of the municipal corporation.

(b) The governing body may take any other action necessary to

carry out a provision of this code applicable to the

municipality.

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

Sec. 51.033. AUTHORITY RELATING TO LAWSUITS. The municipality

may sue and be sued and may plead and be impleaded.

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

Sec. 51.034. AUTHORITY TO HOLD AND DISPOSE OF PROPERTY. The

municipality may hold and dispose of:

(1) personal property; and

(2) real property located within the municipal boundaries.

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

Sec. 51.035. AUTHORITY, DUTIES, PRIVILEGES. A Type B

general-law municipality has the same authority, duties, and

privileges as a Type A general-law municipality, unless the Type

B general-law municipality in exercising the authority or

privilege or performing the duty would be in conflict with

another provision of this code or other state law that relates

specifically to Type B general-law municipalities.

Added by Acts 1991, 72nd Leg., ch. 753, Sec. 1, eff. June 16,

1991.

SUBCHAPTER D. PROVISIONS APPLICABLE TO TYPE C GENERAL-LAW

MUNICIPALITY

Sec. 51.051. GENERAL POWERS OF TYPE C GENERAL-LAW MUNICIPALITY.

(a) The governing body of a Type C general-law municipality with

501 to 4,999 inhabitants has the same authority and is subject to

the same duties as a Type A general-law municipality unless the

authority or duties conflict with a provision of this code

relating specifically to a Type C general-law municipality.

(b) The governing body of a Type C general-law municipality with

201 to 500 inhabitants has the same authority as a Type B

general-law municipality unless the authority conflicts with a

provision of this code relating specifically to a Type C

general-law municipality.

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

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(c), eff. Aug. 28,

1989.

Sec. 51.052. ALTERNATIVE GENERAL POWERS FOR CERTAIN TYPE C

GENERAL-LAW MUNICIPALITIES. (a) A municipality that is

incorporated as a Type C general-law municipality and that has

$500,000 or more of assessed valuation for taxable purposes,

according to its most recently approved tax rolls, may adopt the

powers of a Type A general-law municipality regardless of any

limitation prescribed by Section 51.051. On adoption of the

powers, the municipality has the same rights, powers, privileges,

immunities, and franchises as a Type A general-law municipality.

(b) For a municipality to adopt the powers:

(1) at least two-thirds of the governing body of the

municipality at a regular meeting must vote to make the change

and the vote must be recorded in the journal of the governing

body's proceedings;

(2) a copy of the record of the proceedings must be signed by

the mayor;

(3) a copy of the record of the proceedings must be attested by

the municipality's clerk or secretary under the corporate seal;

and

(4) a copy of the record of the proceedings must be filed and

recorded in the office of the county clerk of the county in which

the municipality is located.

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

SUBCHAPTER E. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITY

Sec. 51.071. SUBCHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY.

This subchapter applies only to a home-rule municipality.

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

Sec. 51.072. AUTHORITY OF LOCAL SELF-GOVERNMENT. (a) The

municipality has full power of local self-government.

(b) The grant of powers to the municipality by this code does

not prevent, by implication or otherwise, the municipality from

exercising the authority incident to local self-government.

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

Sec. 51.073. ADOPTION OF CHARTER DOES NOT AFFECT RIGHTS AND

CLAIMS. The adoption or amendment of the municipality's charter

does not affect any previously existing property, action, right

of action, claim, or demand involving the municipality. A right

of action, claim, or demand may be asserted as fully as though

the adoption or amendment of the charter had not occurred.

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

Sec. 51.074. PERPETUAL SUCCESSION. The municipality may act in

perpetual succession as a body politic.

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

Sec. 51.075. AUTHORITY RELATING TO LAWSUITS. The municipality

may plead and be impleaded in any court.

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

Sec. 51.076. AUTHORITY RELATING TO PROPERTY. (a) The

municipality may hold property, including any charitable or trust

fund, that it receives by gift, deed, devise, or other manner.

(b) The municipality may provide that any property owned or held

by the municipality is not subject to any kind of execution.

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

Sec. 51.077. LIABILITY FOR DAMAGES. The municipality may adopt

rules, as it considers advisable, governing the municipality's

liability for damages caused to a person or property. The

municipality may provide for its exemption from liability.

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

Sec. 51.078. PRESERVATION OF CERTAIN POWERS GRANTED BEFORE 1913.

Powers granted before July 1, 1913, to a municipality by general

law or special law continue to be powers of the municipality

after it adopts a home-rule charter if the powers are made a part

of the charter.

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

Sec. 51.079. RESTRICTIONS APPLYING TO NONBINDING REFERENDUM.

(a) A nonbinding referendum held by the municipality as a result

of a petition by the voters of the municipality must be held on

the same date of an election called by the governing body of the

municipality on another question or for the election of one or

more municipal officers.

(b) The referendum may be held on a date other than one

described by Subsection (a) if:

(1) one or more of the persons signing the petition agrees in a

writing filed with the governing body of the municipality to pay,

before the 60th day after the date of the referendum, all costs

incurred by the municipality in holding the referendum; and

(2) the persons agreeing to pay the costs execute a bond

complying with Subsection (c).

(c) The bond must be:

(1) payable to, approved by, and filed with the governing body

of the municipality;

(2) executed with a corporate surety authorized to do business

in this state;

(3) in an amount the governing body estimates is necessary to

cover the costs the municipality will incur in holding the

referendum; and

(4) conditioned that the persons executing the bond will pay,

before the 60th day after the date of the referendum, all costs

incurred by the municipality in holding the referendum.

(d) This section does not apply to a referendum that is

expressly authorized by the state constitution or a statute.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 6(a), eff. Aug. 28,

1989.