CHAPTER 23. ALDERMANIC FORM OF GOVERNMENT IN TYPE B GENERAL-LAW MUNICIPALITY
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT
CHAPTER 23. ALDERMANIC FORM OF GOVERNMENT IN TYPE B GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 23.001. CHAPTER APPLICABLE TO TYPE B GENERAL-LAW
MUNICIPALITY. This chapter applies only to a Type B general-law
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.002. FILLING VACANCY IN MUNICIPAL OFFICE. (a) The
aldermen on the governing body of the municipality shall fill any
vacancy that occurs in an office created by this chapter or
created under this chapter by the governing body unless an
election to fill the vacancy is required by Article XI, Section
11, of the Texas Constitution. The vacant office shall be filled
for the unexpired term only.
(b) A person serving as a member of the governing body 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
513, Sec. 2, eff. June 16, 2007.
SUBCHAPTER B. GOVERNING BODY AND MARSHAL
Sec. 23.021. INITIAL ELECTION OF GOVERNING BODY AND MARSHAL.
Immediately after the municipality has incorporated, the county
judge of the county in which the municipality is located shall
order an election for a mayor, five aldermen, and a marshal.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.022. INITIAL MAYOR. Immediately after election returns
for the initial election for municipal officers have been made,
the county judge shall commission the candidate who received the
highest number of votes for the office of mayor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.023. REGULAR ANNUAL ELECTION. (a) After the initial
election, the election for the mayor, aldermen, and marshal shall
be held annually, except as otherwise provided by law, on an
authorized uniform election date as provided by Chapter 41,
Election Code.
(b) The mayor, or any two aldermen if the mayor is unable or
refuses to act, shall order the election.
(c) In addition to the notice required by Chapter 4, Election
Code, the authority ordering the election shall post notice for
at least the 20 days preceding election day in at least three
public places within the municipal limits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.024. QUALIFICATIONS OF GOVERNING BODY AND MARSHAL; BOND
FOR MARSHAL. (a) To be eligible for the office of mayor,
alderman, or marshal of the municipality, a person must be a
qualified voter in the municipality and must have resided within
the municipal limits for at least the six months preceding
election day.
(b) The governing body shall prescribe the bond and security
that the marshal must execute. The bond must be executed within
five days after the date the marshal is elected or appointed,
must be approved by the mayor before the marshal begins to
perform the duties of the office, and must be payable to the
municipality. If the marshal does not execute the bond within the
required period, the governing body may appoint another person to
the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.025. INITIAL TERM OF OFFICE. The mayor, aldermen, and
marshal elected at the initial election under Section 23.021 hold
office until their successors have been duly elected at the
following annual municipal election and have qualified.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.026. REGULAR TERM OF OFFICE. (a) The mayor, aldermen,
and marshal of the municipality are elected for a term of one
year unless a longer term is established under Subsection (b) or
under Article XI, Section 11, of the Texas Constitution.
(b) In lieu of one-year terms of office, the governing body may
provide by ordinance for two-year staggered terms of office for
the mayor and aldermen. If the governing body adopts the
ordinance, the mayor and two aldermen serve for a term of two
years. The two aldermen who serve two-year terms are determined
by drawing lots at the first meeting of the governing body
following the annual municipal election held after the ordinance
is adopted. The remaining aldermen hold office for an initial
term of one year. Thereafter, all members of the governing body
serve for a term of two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.027. PRESIDENT; PRESIDENT PRO TEMPORE. (a) The mayor
is the president of the governing body of the municipality.
(b) At the first meeting of each new governing body or as soon
as practicable, the governing body shall elect one alderman to
serve as president pro tempore for a term of one year. The
president pro tempore performs the duties of the mayor if the
mayor fails, is unable, or refuses to act.
(c) If the mayor and president pro tempore are absent from a
meeting, the aldermen present at the meeting may appoint any
alderman to act as the presiding officer if a quorum is present.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.028. QUORUM. (a) The mayor and three aldermen
constitute a quorum.
(b) If the mayor is absent, four aldermen constitute a quorum.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.029. ABOLITION OF OFFICE OF MARSHAL. The governing body
of a municipality with a population of less than 5,000 by
ordinance may abolish the office of marshal and, by the same
ordinance, confer the duties of the office on a municipal police
officer appointed as the governing body directs or on any other
peace officer of the county. However, an elected marshal may not
be removed from office under this section.
Added by Acts 1995, 74th Leg., ch. 573, Sec. 1, eff. Aug. 28,
1995.
SUBCHAPTER C. OTHER MUNICIPAL OFFICERS
Sec. 23.051. OTHER MUNICIPAL OFFICERS. The governing body of
the municipality may appoint officers, other than the mayor,
aldermen, or marshal, as necessary to carry out the
municipality's functions under this code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.052. DUTIES OF MUNICIPAL OFFICERS; BOND. (a) The
governing body of the municipality may prescribe the duties of
the officers it appoints under this subchapter.
(b) The governing body shall prescribe the bonds and security
that an appointed municipal officer must execute. The bond must
be executed within five days after the date the officer is
appointed, must be approved by the mayor before the officer
begins to perform the duties of the office, and must be payable
to the municipality. If the officer does not execute the bond
within the required period, the governing body may appoint
another person to the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 23.053. REMOVAL OF MUNICIPAL OFFICERS. The governing body
of the municipality may dismiss at any time the officers that it
appoints under this subchapter and may appoint others in their
places.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.