CHAPTER 51. GENERAL POWERS OF MUNICIPALITIES
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES
CHAPTER 51. GENERAL POWERS OF MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 51.001. ORDINANCE, RULE, OR REGULATION NECESSARY TO CARRY
OUT OTHER POWERS. The governing body of a municipality may
adopt, publish, amend, or repeal an ordinance, rule, or police
regulation that:
(1) is for the good government, peace, or order of the
municipality or for the trade and commerce of the municipality;
and
(2) is necessary or proper for carrying out a power granted by
law to the municipality or to an office or department of the
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.003. MUNICIPAL ACT OR PROCEEDING PRESUMED VALID. (a) A
governmental act or proceeding of a municipality is conclusively
presumed, as of the date it occurred, to be valid and to have
occurred in accordance with all applicable statutes and
ordinances if:
(1) the third anniversary of the effective date of the act or
proceeding has expired; and
(2) a lawsuit to annul or invalidate the act or proceeding has
not been filed on or before that third anniversary.
(b) This section does not apply to:
(1) an act or proceeding that was void at the time it occurred;
(2) an act or proceeding that, under a statute of this state or
the United States, was a misdemeanor or felony at the time the
act or proceeding occurred;
(3) an incorporation or attempted incorporation of a
municipality, or an annexation or attempted annexation of
territory by a municipality, within the incorporated boundaries
or extraterritorial jurisdiction of another municipality that
occurred without the consent of the other municipality in
violation of Chapter 42 or 43;
(4) an ordinance that, at the time it was passed, was preempted
by a statute of this state or the United States, including
Section 1.06 or 109.57, Alcoholic Beverage Code; or
(5) a matter that on the effective date of this section:
(A) is involved in litigation if the litigation ultimately
results in the matter being held invalid by a final judgment of a
court; or
(B) has been held invalid by a final judgment of a court.
Added by Acts 1999, 76th Leg., ch. 1338, Sec. 1, eff. June 19,
1999.
SUBCHAPTER B. PROVISIONS APPLICABLE TO TYPE A GENERAL-LAW
MUNICIPALITY
Sec. 51.011. SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW
MUNICIPALITY. This subchapter applies only to a Type A
general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.012. ORDINANCES AND REGULATIONS. The municipality may
adopt an ordinance, act, law, or regulation, not inconsistent
with state law, that is necessary for the government, interest,
welfare, or good order of the municipality as a body politic.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.013. AUTHORITY RELATING TO LAWSUITS. The municipality
may sue and be sued, implead and be impleaded, and answer and be
answered in any matter in any court or other place.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.014. AUTHORITY TO CONTRACT. The municipality may
contract with other persons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.015. AUTHORITY TO HOLD, PURCHASE, LEASE, OR CONVEY
PROPERTY. (a) To carry out a municipal purpose, the
municipality may take, hold, purchase, lease, grant, or convey
property located in or outside the municipality.
(b) The governing body of the municipality may manage and
control the property belonging to the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.016. ADOPTION AND USE OF SEAL. The municipality may
adopt a corporate seal for the use of the municipality. The
municipality may change and renew the seal.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.017. CONTINUATION OF POWERS, DUTIES, PENALTIES, AND
SUITS AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY. (a) This
section applies only to a Type A general-law municipality that:
(1) changed to that type under Subchapter B of Chapter 6; or
(2) changed its municipal type under the predecessor statutes to
Subchapter B of Chapter 6.
(b) The municipality continues to have the powers, rights,
immunities, privileges, and franchises possessed at the time the
municipality changed to a Type A general-law municipality and
continues to be subject to the duties it had at the time of the
change.
(c) A right, action, fine, penalty, or forfeiture that, under
the laws in effect before the municipality changed to a Type A
general-law municipality, accrued in favor of the municipality in
a suit or in any other manner continues to be vested in and shall
be prosecuted by the municipality after the change.
(d) A suit pending against the municipality before the
municipality changed to a Type A general-law municipality is not
affected by the change. After the change, the municipality shall,
as appropriate, prosecute or defend the suit.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.018. OWNERSHIP AND SALE OF PROPERTY AFTER CHANGE TO TYPE
A GENERAL-LAW MUNICIPALITY. (a) This section applies only to a
Type A general-law municipality described by Section 51.017(a).
(b) The property belonging to the municipality before it changed
to a Type A general-law municipality continues to belong to the
municipality after the change.
(c) If, before changing to a Type A general-law municipality,
the municipality was incorporated under a law of the Republic of
Texas, the governing body of the municipality may sell the
property and appropriate the proceeds of the sale for the
acquisition, construction, maintenance, or operation of a water,
sewer, gas, or electric light or power system in or outside the
municipality or for any other public improvement in the
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. PROVISIONS APPLICABLE TO TYPE B GENERAL-LAW
MUNICIPALITY
Sec. 51.031. SUBCHAPTER APPLICABLE TO TYPE B GENERAL-LAW
MUNICIPALITY. This subchapter applies only to a Type B
general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.032. ORDINANCES AND BYLAWS. (a) The governing body of
the municipality may adopt an ordinance or bylaw, not
inconsistent with state law, that the governing body considers
proper for the government of the municipal corporation.
(b) The governing body may take any other action necessary to
carry out a provision of this code applicable to the
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.033. AUTHORITY RELATING TO LAWSUITS. The municipality
may sue and be sued and may plead and be impleaded.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.034. AUTHORITY TO HOLD AND DISPOSE OF PROPERTY. The
municipality may hold and dispose of:
(1) personal property; and
(2) real property located within the municipal boundaries.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.035. AUTHORITY, DUTIES, PRIVILEGES. A Type B
general-law municipality has the same authority, duties, and
privileges as a Type A general-law municipality, unless the Type
B general-law municipality in exercising the authority or
privilege or performing the duty would be in conflict with
another provision of this code or other state law that relates
specifically to Type B general-law municipalities.
Added by Acts 1991, 72nd Leg., ch. 753, Sec. 1, eff. June 16,
1991.
SUBCHAPTER D. PROVISIONS APPLICABLE TO TYPE C GENERAL-LAW
MUNICIPALITY
Sec. 51.051. GENERAL POWERS OF TYPE C GENERAL-LAW MUNICIPALITY.
(a) The governing body of a Type C general-law municipality with
501 to 4,999 inhabitants has the same authority and is subject to
the same duties as a Type A general-law municipality unless the
authority or duties conflict with a provision of this code
relating specifically to a Type C general-law municipality.
(b) The governing body of a Type C general-law municipality with
201 to 500 inhabitants has the same authority as a Type B
general-law municipality unless the authority conflicts with a
provision of this code relating specifically to a Type C
general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(c), eff. Aug. 28,
1989.
Sec. 51.052. ALTERNATIVE GENERAL POWERS FOR CERTAIN TYPE C
GENERAL-LAW MUNICIPALITIES. (a) A municipality that is
incorporated as a Type C general-law municipality and that has
$500,000 or more of assessed valuation for taxable purposes,
according to its most recently approved tax rolls, may adopt the
powers of a Type A general-law municipality regardless of any
limitation prescribed by Section 51.051. On adoption of the
powers, the municipality has the same rights, powers, privileges,
immunities, and franchises as a Type A general-law municipality.
(b) For a municipality to adopt the powers:
(1) at least two-thirds of the governing body of the
municipality at a regular meeting must vote to make the change
and the vote must be recorded in the journal of the governing
body's proceedings;
(2) a copy of the record of the proceedings must be signed by
the mayor;
(3) a copy of the record of the proceedings must be attested by
the municipality's clerk or secretary under the corporate seal;
and
(4) a copy of the record of the proceedings must be filed and
recorded in the office of the county clerk of the county in which
the municipality is located.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER E. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITY
Sec. 51.071. SUBCHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY.
This subchapter applies only to a home-rule municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.072. AUTHORITY OF LOCAL SELF-GOVERNMENT. (a) The
municipality has full power of local self-government.
(b) The grant of powers to the municipality by this code does
not prevent, by implication or otherwise, the municipality from
exercising the authority incident to local self-government.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.073. ADOPTION OF CHARTER DOES NOT AFFECT RIGHTS AND
CLAIMS. The adoption or amendment of the municipality's charter
does not affect any previously existing property, action, right
of action, claim, or demand involving the municipality. A right
of action, claim, or demand may be asserted as fully as though
the adoption or amendment of the charter had not occurred.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.074. PERPETUAL SUCCESSION. The municipality may act in
perpetual succession as a body politic.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.075. AUTHORITY RELATING TO LAWSUITS. The municipality
may plead and be impleaded in any court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.076. AUTHORITY RELATING TO PROPERTY. (a) The
municipality may hold property, including any charitable or trust
fund, that it receives by gift, deed, devise, or other manner.
(b) The municipality may provide that any property owned or held
by the municipality is not subject to any kind of execution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.077. LIABILITY FOR DAMAGES. The municipality may adopt
rules, as it considers advisable, governing the municipality's
liability for damages caused to a person or property. The
municipality may provide for its exemption from liability.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.078. PRESERVATION OF CERTAIN POWERS GRANTED BEFORE 1913.
Powers granted before July 1, 1913, to a municipality by general
law or special law continue to be powers of the municipality
after it adopts a home-rule charter if the powers are made a part
of the charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 51.079. RESTRICTIONS APPLYING TO NONBINDING REFERENDUM.
(a) A nonbinding referendum held by the municipality as a result
of a petition by the voters of the municipality must be held on
the same date of an election called by the governing body of the
municipality on another question or for the election of one or
more municipal officers.
(b) The referendum may be held on a date other than one
described by Subsection (a) if:
(1) one or more of the persons signing the petition agrees in a
writing filed with the governing body of the municipality to pay,
before the 60th day after the date of the referendum, all costs
incurred by the municipality in holding the referendum; and
(2) the persons agreeing to pay the costs execute a bond
complying with Subsection (c).
(c) The bond must be:
(1) payable to, approved by, and filed with the governing body
of the municipality;
(2) executed with a corporate surety authorized to do business
in this state;
(3) in an amount the governing body estimates is necessary to
cover the costs the municipality will incur in holding the
referendum; and
(4) conditioned that the persons executing the bond will pay,
before the 60th day after the date of the referendum, all costs
incurred by the municipality in holding the referendum.
(d) This section does not apply to a referendum that is
expressly authorized by the state constitution or a statute.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 6(a), eff. Aug. 28,
1989.