CHAPTER 52. ADOPTION OF MUNICIPAL ORDINANCES
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES
CHAPTER 52. ADOPTION OF MUNICIPAL ORDINANCES
SUBCHAPTER A. GENERAL PROVISIONS APPLICABLE TO TYPE A GENERAL-LAW
MUNICIPALITIES
Sec. 52.001. 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. 52.002. STYLE. (a) The style of an ordinance of the
municipality must be: "Be it ordained by the _____________
(insert the name by which the governing body of the municipality
is known, such as city council, board of aldermen, or city
commission) of the ______________ (insert the type of entity that
the municipality is known as, such as city, town, or village) of
(insert the name of the municipality)."
(b) The style may be omitted when the ordinance is published in
a book or pamphlet.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 402, Sec. 7, eff. Sept. 1,
2001.
Sec. 52.003. APPROVAL BY MAYOR AND RELATED CONDITIONS FOR
ORDINANCE TO TAKE EFFECT. (a) Before an ordinance or resolution
adopted by the governing body of the municipality may take
effect, the ordinance or resolution must be placed in the office
of the secretary of the municipality. The mayor shall sign the
ordinances and resolutions that the mayor approves.
(b) If the mayor does not sign an ordinance or resolution before
the fourth day after the date it is placed in the secretary's
office and does not return the ordinance or resolution under
Subsection (c), the ordinance or resolution takes effect as
provided by law.
(c) If the mayor returns an ordinance or resolution to the
governing body with a statement of objections before the fourth
day after the date the ordinance or resolution is placed in the
secretary's office, the governing body shall, on the return,
reconsider the vote by which the ordinance or resolution was
adopted. If a majority of the total number of members of the
governing body, excluding the mayor, approve the ordinance or
resolution on reconsideration and enter the votes in the journal
of the governing body's proceedings, the ordinance or resolution
may take effect.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 52.004. OFFICIAL NEWSPAPER. (a) As soon as practicable
after the beginning of each municipal year, the governing body of
the municipality shall contract, as determined by ordinance or
resolution, with a public newspaper of the municipality to be the
municipality's official newspaper until another newspaper is
selected.
(b) The governing body shall publish in the municipality's
official newspaper each ordinance, notice, or other matter
required by law or ordinance to be published.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. PUBLICATION OF ORDINANCES
Sec. 52.011. TYPE A GENERAL-LAW MUNICIPALITY. (a) If a Type A
general-law municipality adopts an ordinance that imposes a
penalty, fine, or forfeiture, the ordinance, or a caption that
summarizes the purpose of the ordinance and the penalty for
violating the ordinance, shall be published in:
(1) every issue of the official newspaper for two days; or
(2) one issue of the newspaper if the official newspaper is a
weekly paper.
(b) An affidavit by the printer or publisher of the official
newspaper verifying the publication shall be filed in the office
of the secretary of the municipality. In the courts of this
state, the affidavit is prima facie evidence of the adoption of
the ordinance and of the required publication.
(c) An ordinance required to be published by this section takes
effect when the publication requirement is satisfied unless the
ordinance provides otherwise. An ordinance that is not required
to be published by this section takes effect when adopted unless
the ordinance provides otherwise.
(d) If a Type A general-law municipality publishes its
ordinances in pamphlet or book form, the publication in the
official newspaper of an ordinance included in the pamphlet or
book is not required if the ordinance was published previously in
the official newspaper. A court shall admit without further proof
an ordinance of a Type A general-law municipality that is
published in pamphlet or book form as authorized by the governing
body if the ordinance was published previously in the official
newspaper.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 194, Sec. 1, eff. Aug. 28,
1989.
Sec. 52.012. TYPE B GENERAL-LAW MUNICIPALITY. (a) Before an
ordinance or a bylaw of a Type B general-law municipality may be
enforced, the ordinance or bylaw, or a caption that summarizes
the purpose of the ordinance or bylaw and the penalty for
violating the ordinance or bylaw must be posted in three public
places in the municipality or published in a newspaper that is
published in the municipality. If no newspaper is published in
the municipality, the ordinance, bylaw, or summary may be
published in a newspaper with general circulation in the
municipality.
(b) Unless the publication is in a weekly newspaper, the
governing body must post or publish the ordinance, bylaw, or
summary for at least two days. If the publication is in a weekly
newspaper, the governing body shall publish the ordinance, bylaw,
or summary in one issue.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 194, Sec. 2, eff. Aug. 28,
1989.
Sec. 52.013. HOME-RULE MUNICIPALITIES. (a) The governing body
of a home-rule municipality may publish a caption of an adopted
ordinance that summarizes the purpose of the ordinance and any
penalty for violating the ordinance in lieu of a requirement in
the municipality's charter that the text of the ordinance be
published.
(b) If the charter of a home-rule municipality does not provide
for the method of publication of an ordinance, the full text of
the ordinance or a caption that summarizes the purpose of the
ordinance and the penalty for violating the ordinance may be
published at least twice in the municipality's official
newspaper.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.