CHAPTER 5. TYPES OF MUNICIPALITIES IN GENERAL
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE A. TYPES OF MUNICIPALITIES
CHAPTER 5. TYPES OF MUNICIPALITIES IN GENERAL
SUBCHAPTER A. TYPES OF MUNICIPALITIES
Sec. 5.001. TYPE A GENERAL-LAW MUNICIPALITY. A municipality is
a Type A general-law municipality if it:
(1) has incorporated as a Type A general-law municipality under
Subchapter A of Chapter 6 and has not acted to change to another
type of municipality;
(2) has changed to a Type A general-law municipality under
Subchapter B of Chapter 6 and has not acted to change to another
type of municipality; or
(3) operated, immediately preceding September 1, 1987, under
Chapters 1-10, Title 28, Revised Statutes, and has not acted to
change to another type of municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.002. TYPE B GENERAL-LAW MUNICIPALITY. A municipality is
a Type B general-law municipality if it:
(1) has incorporated as a Type B general-law municipality under
Chapter 7 and has not acted to change to another type of
municipality; or
(2) operated, immediately preceding September 1, 1987, under
Chapter 11, Title 28, Revised Statutes, and has not acted to
change to another type of municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.003. TYPE C GENERAL-LAW MUNICIPALITY. A municipality is
a Type C general-law municipality if it:
(1) has incorporated as a Type C general-law municipality under
Subchapter A of Chapter 8 and has not acted to change to another
type of municipality;
(2) has changed to a Type C general-law municipality under
Subchapter B of Chapter 8 and has not acted to change to another
type of municipality; or
(3) operated, immediately preceding September 1, 1987, under
Chapter 12, Title 28, Revised Statutes, and has not acted to
change to another type of municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.004. HOME-RULE MUNICIPALITY. A municipality is a
home-rule municipality if it operates under a municipal charter
that has been adopted or amended as authorized by Article XI,
Section 5, of the Texas Constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.005. SPECIAL-LAW MUNICIPALITY. (a) A municipality is a
special-law municipality if it operates under a municipal charter
granted by a local law enacted by the Congress of the Republic of
Texas or by the legislature.
(b) A special-law municipality that has amended its municipal
charter as authorized by Article XI, Section 5, of the Texas
Constitution is also a home-rule municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS AFFECTING TYPES OF
MUNICIPALITIES
Sec. 5.901. TERRITORIAL REQUIREMENTS FOR INCORPORATION AS
GENERAL-LAW MUNICIPALITY. A community may not incorporate as a
general-law municipality unless it meets the following
territorial requirements:
(1) a community with fewer than 2,000 inhabitants must have not
more than two square miles of surface area;
(2) a community with 2,001 to 4,999 inhabitants must have not
more than four square miles of surface area; and
(3) a community with 5,001 to 9,999 inhabitants must have not
more than nine square miles of surface area.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.902. CHANGE IN DESIGNATION FROM TOWN TO CITY. (a) The
governing body of a Type A general-law municipality that was
designated as a "town" may change by ordinance its designation to
a "city."
(b) A change in designation does not affect the municipality's
corporate existence or powers.
(c) Bonds that are voted by a municipality and are unissued
before the municipality changes its designation may be issued in
the new name of the municipality as designated in the ordinance
changing the designation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.903. CHARTER AMENDMENTS BY SPECIAL-LAW MUNICIPALITY
INCORPORATED BEFORE JUNE 30, 1881. (a) A special-law
municipality that was incorporated as a town or village before
June 30, 1881, by the Congress of the Republic of Texas or by the
legislature may amend its charter in any regard that does not
conflict with the law of this state if the amendment is approved
by a resolution of the governing body of the town or village and
by at least a two-thirds vote at an election held to ratify the
amendment.
(b) An amendment to a charter under Subsection (a) is not
effective until:
(1) the governing body of the town or village adopts a
resolution stating the amendment; and
(2) a certified copy of the amendment is approved by the
attorney general and recorded with the secretary of state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 5.904. MUNICIPALITY NOT GOVERNED BY CORPORATE LAW. (a) A
municipality may not be considered a corporation under a state
statute governing corporations unless the statute extends its
application to a municipality by express use of the term
"municipal corporation," "municipality," "city," "town," or
"village."
(b) It is the intent of the legislature that the limitation
provided by this section apply regardless of whether the
municipality is acting in a governmental or proprietary function.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 2(a), eff. Aug. 28,
1989.