2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 52. ADOPTION OF MUNICIPAL ORDINANCES  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES

CHAPTER 52. ADOPTION OF MUNICIPAL ORDINANCES

SUBCHAPTER A. GENERAL PROVISIONS APPLICABLE TO TYPE A GENERAL-LAW

MUNICIPALITIES

Sec. 52.001. 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. 52.002. STYLE. (a) The style of an ordinance of the

municipality must be: "Be it ordained by the _____________

(insert the name by which the governing body of the municipality

is known, such as city council, board of aldermen, or city

commission) of the ______________ (insert the type of entity that

the municipality is known as, such as city, town, or village) of

(insert the name of the municipality)."

(b) The style may be omitted when the ordinance is published in

a book or pamphlet.

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

Amended by Acts 2001, 77th Leg., ch. 402, Sec. 7, eff. Sept. 1,

2001.

Sec. 52.003. APPROVAL BY MAYOR AND RELATED CONDITIONS FOR

ORDINANCE TO TAKE EFFECT. (a) Before an ordinance or resolution

adopted by the governing body of the municipality may take

effect, the ordinance or resolution must be placed in the office

of the secretary of the municipality. The mayor shall sign the

ordinances and resolutions that the mayor approves.

(b) If the mayor does not sign an ordinance or resolution before

the fourth day after the date it is placed in the secretary's

office and does not return the ordinance or resolution under

Subsection (c), the ordinance or resolution takes effect as

provided by law.

(c) If the mayor returns an ordinance or resolution to the

governing body with a statement of objections before the fourth

day after the date the ordinance or resolution is placed in the

secretary's office, the governing body shall, on the return,

reconsider the vote by which the ordinance or resolution was

adopted. If a majority of the total number of members of the

governing body, excluding the mayor, approve the ordinance or

resolution on reconsideration and enter the votes in the journal

of the governing body's proceedings, the ordinance or resolution

may take effect.

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

Sec. 52.004. OFFICIAL NEWSPAPER. (a) As soon as practicable

after the beginning of each municipal year, the governing body of

the municipality shall contract, as determined by ordinance or

resolution, with a public newspaper of the municipality to be the

municipality's official newspaper until another newspaper is

selected.

(b) The governing body shall publish in the municipality's

official newspaper each ordinance, notice, or other matter

required by law or ordinance to be published.

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

SUBCHAPTER B. PUBLICATION OF ORDINANCES

Sec. 52.011. TYPE A GENERAL-LAW MUNICIPALITY. (a) If a Type A

general-law municipality adopts an ordinance that imposes a

penalty, fine, or forfeiture, the ordinance, or a caption that

summarizes the purpose of the ordinance and the penalty for

violating the ordinance, shall be published in:

(1) every issue of the official newspaper for two days; or

(2) one issue of the newspaper if the official newspaper is a

weekly paper.

(b) An affidavit by the printer or publisher of the official

newspaper verifying the publication shall be filed in the office

of the secretary of the municipality. In the courts of this

state, the affidavit is prima facie evidence of the adoption of

the ordinance and of the required publication.

(c) An ordinance required to be published by this section takes

effect when the publication requirement is satisfied unless the

ordinance provides otherwise. An ordinance that is not required

to be published by this section takes effect when adopted unless

the ordinance provides otherwise.

(d) If a Type A general-law municipality publishes its

ordinances in pamphlet or book form, the publication in the

official newspaper of an ordinance included in the pamphlet or

book is not required if the ordinance was published previously in

the official newspaper. A court shall admit without further proof

an ordinance of a Type A general-law municipality that is

published in pamphlet or book form as authorized by the governing

body if the ordinance was published previously in the official

newspaper.

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

Amended by Acts 1989, 71st Leg., ch. 194, Sec. 1, eff. Aug. 28,

1989.

Sec. 52.012. TYPE B GENERAL-LAW MUNICIPALITY. (a) Before an

ordinance or a bylaw of a Type B general-law municipality may be

enforced, the ordinance or bylaw, or a caption that summarizes

the purpose of the ordinance or bylaw and the penalty for

violating the ordinance or bylaw must be posted in three public

places in the municipality or published in a newspaper that is

published in the municipality. If no newspaper is published in

the municipality, the ordinance, bylaw, or summary may be

published in a newspaper with general circulation in the

municipality.

(b) Unless the publication is in a weekly newspaper, the

governing body must post or publish the ordinance, bylaw, or

summary for at least two days. If the publication is in a weekly

newspaper, the governing body shall publish the ordinance, bylaw,

or summary in one issue.

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

Amended by Acts 1989, 71st Leg., ch. 194, Sec. 2, eff. Aug. 28,

1989.

Sec. 52.013. HOME-RULE MUNICIPALITIES. (a) The governing body

of a home-rule municipality may publish a caption of an adopted

ordinance that summarizes the purpose of the ordinance and any

penalty for violating the ordinance in lieu of a requirement in

the municipality's charter that the text of the ordinance be

published.

(b) If the charter of a home-rule municipality does not provide

for the method of publication of an ordinance, the full text of

the ordinance or a caption that summarizes the purpose of the

ordinance and the penalty for violating the ordinance may be

published at least twice in the municipality's official

newspaper.

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