2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 8. TYPE C GENERAL-LAW MUNICIPALITY  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE A. TYPES OF MUNICIPALITIES

CHAPTER 8. TYPE C GENERAL-LAW MUNICIPALITY

SUBCHAPTER A. INCORPORATION AS TYPE C GENERAL-LAW MUNICIPALITY

Sec. 8.001. AUTHORITY TO INCORPORATE AS TYPE C GENERAL-LAW

MUNICIPALITY. (a) A community may incorporate under this

subchapter as a Type C general-law municipality if it:

(1) constitutes an unincorporated city, town, or village;

(2) contains 201 to 4,999 inhabitants; and

(3) meets the territorial requirements prescribed by Section

5.901.

(b) A community incorporating as a Type C general-law

municipality adopts the commission form of government.

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

Sec. 8.002. PETITION TO INCORPORATE. The residents of a

community may initiate an attempt to incorporate under this

subchapter by filing with the county judge a written petition

signed by at least 10 percent of the qualified voters of the

community. The petition must request the county judge to order an

election to determine whether the community will incorporate as a

Type C general-law municipality.

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

Sec. 8.003. ELECTION ORDER. If a county judge receives the

petition and if satisfactory proof is made that the community

contains the requisite number of inhabitants, the judge shall

order an incorporation election to be held on a specified date

and at a designated place in the community.

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

Sec. 8.004. ELECTION OFFICERS. The county judge shall appoint

two election judges and two election clerks to conduct the

incorporation election under this subchapter. The county judge

shall designate one of the election judges to be the presiding

judge.

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

Sec. 8.005. NOTICE OF ELECTION. Notice of an incorporation

election under this subchapter must be published in a newspaper

in the community before the 30th day before the date of the

election, or if there is no newspaper in the community, the

notice must be posted at three public places in the community for

the 30 days preceding the date of the election.

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

Sec. 8.006. ORDER OF INCORPORATION. If a majority of the votes

cast in an election under this subchapter are for incorporation,

the county judge shall enter an order in the minutes of the

commissioners court that the community is incorporated. The

incorporation is effective on the date the order is entered.

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

SUBCHAPTER B. CHANGE FROM ANOTHER MUNICIPAL TYPE TO TYPE C

GENERAL-LAW MUNICIPALITY

Sec. 8.021. AUTHORITY TO CHANGE TO TYPE C GENERAL-LAW

MUNICIPALITY. (a) A Type A general-law municipality containing

501 to 4,999 inhabitants or a Type B general-law municipality

containing 501 to 999 inhabitants may change to a Type C

general-law municipality.

(b) A municipality changing to a Type C general-law municipality

adopts the commission form of government.

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

Sec. 8.022. PETITION TO CHANGE. The residents of a municipality

may initiate an attempt to make the change under this subchapter

by filing with the mayor of the municipality a written petition

signed by at least 10 percent of the qualified voters of the

municipality. The petition must request the mayor to order an

election to determine whether the municipality will change to a

Type C general-law municipality.

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

Sec. 8.023. ELECTION ORDER. If the mayor receives the petition,

the mayor shall order an election on the question of the change

to be held in the municipality.

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

Sec. 8.024. ELECTION OFFICERS. The mayor shall appoint two

election judges and two election clerks to conduct the election

under this subchapter. The mayor shall designate one of the

election judges to be the presiding judge.

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

Sec. 8.025. NOTICE OF ELECTION. In addition to the notice

required by Chapter 4, Election Code, notice of an election under

this subchapter must be published in a newspaper in the

municipality before the 30th day before the date of the election,

or if there is no newspaper in the municipality, the notice must

be posted at three public places in the municipality for the 30

days preceding the date of the election.

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

Sec. 8.026. ORDER OF CHANGE. If a majority of the votes cast in

an election under this subchapter are for the change, the mayor

shall enter an order in the minutes of the municipality's

governing body that the municipality is changed. The change is

effective from the time the order is entered.

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