CHAPTER 24. COMMISSION FORM OF GOVERNMENT IN GENERAL-LAW MUNICIPALITY
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT
CHAPTER 24. COMMISSION FORM OF GOVERNMENT IN GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 24.001. CHAPTER APPLICABLE TO TYPE C GENERAL-LAW
MUNICIPALITY. This chapter applies only to a Type C general-law
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. GOVERNING BODY
Sec. 24.021. INITIAL ELECTION OF GOVERNING BODY OF COMMUNITY
INCORPORATING AS TYPE C GENERAL-LAW MUNICIPALITY; INITIAL TERM.
(a) At the election at which a community votes to incorporate as
a Type C general-law municipality, a mayor and two commissioners
must be elected.
(b) The officers elected under this section serve until the date
of the first regular election for municipal officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.022. INITIAL ELECTION OF GOVERNING BODY OF MUNICIPALITY
CHANGING TO TYPE C GENERAL-LAW MUNICIPALITY; INITIAL TERM. (a)
The mayor of a municipality that votes to change to a Type C
general-law municipality continues to hold office for the term
for which the mayor was elected.
(b) At the election at which a municipality votes to change to a
Type C general-law municipality, two commissioners shall be
elected. The commissioners serve until the date of the first
regular election for municipal officers.
(c) After the initial commissioners elected under Subsection (b)
have qualified for office, the offices of the former governing
body of the municipality are abolished and the mayor and the
commissioners constitute the governing body of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.023. REGULAR TERM OF OFFICE; REGULAR ELECTION DATE. (a)
The mayor and commissioners of the municipality serve for a term
of two years unless a longer term is established under Article
XI, Section 11, of the Texas Constitution.
(b) The election for mayor and commissioners shall be held on an
authorized uniform election date as provided by Chapter 41,
Election Code.
(c) The first regular election must be on an authorized uniform
election date occurring:
(1) in the case of a community incorporating as a Type C
general-law municipality, within one year after the expiration of
the month in which the incorporation election is held; or
(2) in the case of a municipality changing to a Type C
general-law municipality, within one year after the month in
which the election on the change is held.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.024. BOND OF MAYOR AND COMMISSIONERS. (a) The mayor
and each commissioner of the municipality must execute a bond.
The bond must be:
(1) in the amount of $3,000;
(2) conditioned that the mayor or commissioner will faithfully
perform the duties of the office;
(3) payable to the municipality for its use and benefit; and
(4) approved by the governing body.
(b) The bonds of the initial commissioners must be approved by
the governing body within 20 days after the date the county judge
or the mayor enters the order under Section 8.006 or 8.026.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.025. MEETINGS. (a) The governing body of the
municipality shall hold at least one regular monthly meeting.
(b) The mayor or two commissioners may call special meetings as
necessary to attend to municipal business.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.026. FILLING VACANCY ON GOVERNING BODY. (a) If the
mayor or commissioner of a municipality dies or resigns, the
other members of the governing body of the municipality shall
appoint a person to fill the vacancy. 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.
(b) If, because of death, resignation, failure to qualify, or
other reason, vacancies exist in the offices of mayor and
commissioner at the same time or in the offices of two
commissioners at the same time, the county judge shall order a
special election to fill the vacancies. The election is governed
by the provisions applicable to an election under Subchapter A,
Chapter 8.
(c) The county judge shall certify the results of the election
to the clerk of the governing body and the clerk shall enter the
results in the minutes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 402, Sec. 5, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
513, Sec. 3, eff. June 16, 2007.
SUBCHAPTER C. OTHER MUNICIPAL OFFICERS
Sec. 24.051. OTHER MUNICIPAL OFFICERS; DUTIES. (a) The
governing body of the municipality may appoint a municipal
attorney and other officers that the governing body considers
necessary.
(b) The governing body may define the duties of the officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.052. CLERK AND TAX ASSESSOR-COLLECTOR; BOND; POWERS AND
DUTIES. (a) The governing body of the municipality shall
appoint a competent person as clerk of the municipality. The
clerk is also the tax assessor-collector of the municipality.
(b) Before beginning to perform the duties of the office, the
clerk must execute a good and sufficient bond with a surety
company authorized to do business in this state. The bond must
be:
(1) in an amount determined by the governing body to be
sufficient to protect the funds of the municipality, but not less
than twice the largest amount collected at any one time in the
preceding fiscal or calendar year;
(2) approved by the governing body; and
(3) filed and recorded in the minutes of the governing body.
(c) The clerk has the same powers and duties that are imposed by
the general laws on the clerk, treasurer, and tax
assessor-collector of a Type A or Type B general-law
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 24.053. ABOLITION OF MUNICIPAL OFFICE; DISCHARGE OF OFFICER
OR EMPLOYEE. At any time, the governing body of the municipality
may abolish an office that it creates and may discharge an
officer, clerk, or employee that it appoints.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER D. CHANGE FROM COMMISSION FORM OF GOVERNMENT TO
ANOTHER FORM
Sec. 24.071. CHANGE FROM COMMISSION FORM OF GOVERNMENT TO
ANOTHER FORM. (a) A Type C general-law municipality operating
under the commission form of government may adopt the aldermanic
form of government provided by Chapter 22 or may adopt any other
lawful form of government by majority vote at an election ordered
and held for that purpose.
(b) An election to consider changing from the commission form of
government to another form of government must be ordered and held
as provided by the provisions of Subchapter B, Chapter 8,
relating to an election to change to a Type C general-law
municipality.
(c) If a Type C general-law municipality adopts the aldermanic
form of government, the mayor and two commissioners holding
office immediately before the election continue to hold office as
mayor and aldermen for the remainder of their terms.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.