CHAPTER 25. CITY MANAGER FORM OF GOVERNMENT IN GENERAL-LAW MUNICIPALITY
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT
CHAPTER 25. CITY MANAGER FORM OF GOVERNMENT IN GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 25.001. CHAPTER APPLICABLE TO GENERAL-LAW MUNICIPALITY WITH
POPULATION OF LESS THAN 5,000. This chapter applies only to a
general-law municipality with a population of less than 5,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CITY MANAGER
Sec. 25.021. ADOPTION OF CITY MANAGER FORM OF GOVERNMENT. The
municipality, by first holding an election on the question, may
adopt the city manager form of government.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.022. PETITION. (a) The residents of the municipality
may file a petition with the clerk of the municipality requesting
the mayor to call a special election to determine whether the
municipality shall adopt the city manager form of government.
(b) The petition must be signed by a number of qualified voters
equal to at least 20 percent of the total number of qualified
voters who voted for mayor at the most recent municipal election
at which the office of mayor was to be filled.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.023. PROCLAMATION ORDERING ELECTION. (a) Within 10
days after the date a petition is filed, the mayor of the
municipality shall issue a proclamation ordering a special
election.
(b) The proclamation must state that the election is ordered to
determine whether the municipality will adopt the city manager
form of government and must be signed by the mayor and attested
by the clerk of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.024. NOTICE OF ELECTION. A copy of the proclamation
must be posted in at least five conspicuous places in the
municipality for at least the 10 days preceding election day.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.025. ELECTION; ADOPTION. (a) After a petition is
filed, an election to consider the adoption of the city manager
form of government must be held on the first authorized uniform
election date prescribed by the Election Code that occurs after
the date the petition is filed under Section 25.022 and that
affords enough time to hold the election in the manner required
by law. Each qualified voter in the municipality is entitled to
vote in the election.
(b) The ballots at an election under this subchapter shall be
printed to provide for voting for or against the proposition: The
governing body of the municipality of ____________________ (name
of the municipality) appointing a city manager and setting by
ordinance the salary of the manager.
(c) A municipality holding an election under this subchapter
shall operate under the city manager form of government if a
majority of the votes cast at the election are for its adoption.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.026. APPOINTMENT OF CITY MANAGER. If the city manager
form of government is adopted, the governing body of the
municipality shall appoint a city manager within 60 days after
the election day and by ordinance shall set the manager's salary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.027. QUALIFICATIONS OF CITY MANAGER. (a) The governing
body of the municipality shall appoint the city manager solely on
the basis of the person's administrative ability.
(b) The city manager is not required to meet any residency
qualifications.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.028. TERM OF OFFICE. The city manager is appointed by
and serves at the will of the governing body of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.029. POWERS AND DUTIES OF CITY MANAGER; BOND. (a) The
city manager shall administer the municipal business and the
governing body of the municipality shall ensure that the
administration is efficient.
(b) The governing body by ordinance may delegate to the city
manager any additional powers or duties the governing body
considers proper for the efficient administration of municipal
affairs.
(c) The city manager must execute a bond. The bond must be
conditioned that the manager will faithfully perform the duties
of manager and must be in an amount prescribed by ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. OTHER MUNICIPAL OFFICERS
Sec. 25.051. OTHER MUNICIPAL OFFICERS. (a) After a
municipality adopts the city manager form of government under
this chapter, all municipal officers, except members of the
governing body of the municipality, shall be appointed as
provided by ordinance. However, an elected officer serving at the
time of the adoption of the city manager form of government may
continue to serve until the expiration of the officer's term.
(b) This chapter does not limit the authority of the governing
body of a general-law municipality to appoint and prescribe the
powers and duties of a municipal officer or employee under
Chapter 22, 23, or 24.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 1185, Sec. 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1206, Sec. 2, eff. June 20, 2003.
SUBCHAPTER D. ABANDONING CITY MANAGER FORM OF GOVERNMENT
Sec. 25.071. ABANDONING CITY MANAGER FORM OF GOVERNMENT. (a) A
municipality may abandon the city manager form of government at
any time as provided by this section.
(b) A petition requesting the mayor of the municipality to order
a special election to abandon the city manager form of government
must be filed with the clerk of the municipality and signed by a
number of qualified voters equal to at least 20 percent of the
total number of qualified voters who voted for mayor at the most
recent municipal election at which the office of mayor was to be
filled.
(c) Within 10 days after the date a petition is filed under
Subsection (b), the mayor shall issue a proclamation ordering the
special election. The proclamation must state that the election
is ordered to determine whether the municipality will abandon the
city manager form of government and notice of the election must
be as for an election to consider the adoption of the city
manager form of government.
(d) The election must be held on the first authorized uniform
election date prescribed by the Election Code that occurs after
the date the petition is filed under Subsection (b) and that
affords enough time to hold the election in the manner required
by law.
(e) The ballots at the election shall be printed to provide for
voting for or against the proposition: Abandoning the city
manager form of government in the municipality of
____________________ (name of the municipality).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 25.072. DUTIES OF GOVERNING BODY IF CITY MANAGER FORM IS
ABANDONED. (a) If a majority of votes cast at an election under
this subchapter are for abandoning the city manager form of
government, the governing body of the municipality shall
discharge the city manager within 60 days after the election day.
(b) When the city manager is discharged, the governing body
shall assume the powers and duties given to the governing body by
law as if the city manager form of government had never been
adopted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.