Law:Title 2. Organization Of Municipal Government. Subtitle B. Municipal Form Of Government from Chapter 24. Commission Form Of Government In General-law Municipality (Texas)

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Subtitle B. Municipal Form Of Government

Contents

Chapter 24. Commission Form Of Government In General-law Municipality

Subchapter A. General Provisions

Section  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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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

Section  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.



Section  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.



Section  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

Section  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.


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