LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT

CHAPTER 23. ALDERMANIC FORM OF GOVERNMENT IN TYPE B GENERAL-LAW MUNICIPALITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 23.001.  CHAPTER APPLICABLE TO TYPE B GENERAL-LAW MUNICIPALITY.  This chapter applies only to a Type B general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.002.  FILLING VACANCY IN MUNICIPAL OFFICE.  (a)  The aldermen on the governing body of the municipality shall fill any vacancy that occurs in an office created by this chapter or created under this chapter by the governing body unless an election to fill the vacancy is required by Article XI, Section 11, of the Texas Constitution.  The vacant office shall be filled for the unexpired term only.
(b)  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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 513 (S.B. 653), Sec. 2, eff. June 16, 2007.

SUBCHAPTER B. GOVERNING BODY AND MARSHAL

Sec. 23.021.  INITIAL ELECTION OF GOVERNING BODY AND MARSHAL.  Immediately after the municipality has incorporated, the county judge of the county in which the municipality is located shall order an election for a mayor, five aldermen, and a marshal.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.022.  INITIAL MAYOR.  Immediately after election returns for the initial election for municipal officers have been made, the county judge shall commission the candidate who received the highest number of votes for the office of mayor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.023.  REGULAR ANNUAL ELECTION.  (a)  After the initial election, the election for the mayor, aldermen, and marshal shall be held annually, except as otherwise provided by law, on an authorized uniform election date as provided by Chapter 41, Election Code.
(b)  The mayor, or any two aldermen if the mayor is unable or refuses to act, shall order the election.
(c)  In addition to the notice required by Chapter 4, Election Code, the authority ordering the election shall post notice for at least the 20 days preceding election day in at least three public places within the municipal limits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.024.  QUALIFICATIONS OF GOVERNING BODY AND MARSHAL;  BOND FOR MARSHAL.  (a)  To be eligible for the office of mayor, alderman, or marshal of the municipality, a person must be a qualified voter in the municipality and must have resided within the municipal limits for at least the six months preceding election day.
(b)  The governing body shall prescribe the bond and security that the marshal must execute.  The bond must be executed within five days after the date the marshal is elected or appointed, must be approved by the mayor before the marshal begins to perform the duties of the office, and must be payable to the municipality.  If the marshal does not execute the bond within the required period, the governing body may appoint another person to the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.025.  INITIAL TERM OF OFFICE.  The mayor, aldermen, and marshal elected at the initial election under Section 23.021 hold office until their successors have been duly elected at the following annual municipal election and have qualified.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.026.  REGULAR TERM OF OFFICE.  (a)  The mayor, aldermen, and marshal of the municipality are elected for a term of one year unless a longer term is established under Subsection (b) or under Article XI, Section 11, of the Texas Constitution.
(b)  In lieu of one-year terms of office, the governing body may provide by ordinance for two-year staggered terms of office for the mayor and aldermen.  If the governing body adopts the ordinance, the mayor and two aldermen serve for a term of two years.  The two aldermen who serve two-year terms are determined by drawing lots at the first meeting of the governing body following the annual municipal election held after the ordinance is adopted.  The remaining aldermen hold office for an initial term of one year.  Thereafter, all members of the governing body serve for a term of two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.027.  PRESIDENT;  PRESIDENT PRO TEMPORE.  (a)  The mayor is the president of the governing body of the municipality.
(b)  At the first meeting of each new governing body or as soon as practicable, the governing body shall elect one alderman to serve as president pro tempore for a term of one year.  The president pro tempore performs the duties of the mayor if the mayor fails, is unable, or refuses to act.
(c)  If the mayor and president pro tempore are absent from a meeting, the aldermen present at the meeting may appoint any alderman to act as the presiding officer if a quorum is present.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.028.  QUORUM.  (a)  The mayor and three aldermen constitute a quorum.
(b)  If the mayor is absent, four aldermen constitute a quorum.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.029.  ABOLITION OF OFFICE OF MARSHAL.  The governing body of a municipality with a population of less than 5,000 by ordinance may abolish the office of marshal and, by the same ordinance, confer the duties of the office on a municipal police officer appointed as the governing body directs or on any other peace officer of the county.  However, an elected marshal may not be removed from office under this section.
Added by Acts 1995, 74th Leg., ch. 573, Sec. 1, eff. Aug. 28, 1995.

SUBCHAPTER C. OTHER MUNICIPAL OFFICERS

Sec. 23.051.  OTHER MUNICIPAL OFFICERS.  The governing body of the municipality may appoint officers, other than the mayor, aldermen, or marshal, as necessary to carry out the municipality's functions under this code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.052.  DUTIES OF MUNICIPAL OFFICERS;  BOND.  (a)  The governing body of the municipality may prescribe the duties of the officers it appoints under this subchapter.
(b)  The governing body shall prescribe the bonds and security that an appointed municipal officer must execute.  The bond must be executed within five days after the date the officer is appointed, must be approved by the mayor before the officer begins to perform the duties of the office, and must be payable to the municipality.  If the officer does not execute the bond within the required period, the governing body may appoint another person to the office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 23.053.  REMOVAL OF MUNICIPAL OFFICERS.  The governing body of the municipality may dismiss at any time the officers that it appoints under this subchapter and may appoint others in their places.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.