LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE B. MUNICIPAL FORM OF GOVERNMENT

CHAPTER 25. CITY MANAGER FORM OF GOVERNMENT IN GENERAL-LAW MUNICIPALITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 25.001.  CHAPTER APPLICABLE TO GENERAL-LAW MUNICIPALITY WITH POPULATION OF LESS THAN 5,000.  This chapter applies only to a general-law municipality with a population of less than 5,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. CITY MANAGER

Sec. 25.021.  ADOPTION OF CITY MANAGER FORM OF GOVERNMENT.  The municipality, by first holding an election on the question, may adopt the city manager form of government.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.022.  PETITION.  (a)  The residents of the municipality may file a petition with the clerk of the municipality requesting the mayor to call a special election to determine whether the municipality shall adopt the city manager form of government.
(b)  The petition must be signed by a number of qualified voters equal to at least 20 percent of the total number of qualified voters who voted for mayor at the most recent municipal election at which the office of mayor was to be filled.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.023.  PROCLAMATION ORDERING ELECTION.  (a)  Within 10 days after the date a petition is filed, the mayor of the municipality shall issue a proclamation ordering a special election.
(b)  The proclamation must state that the election is ordered to determine whether the municipality will adopt the city manager form of government and must be signed by the mayor and attested by the clerk of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.024.  NOTICE OF ELECTION.  A copy of the proclamation must be posted in at least five conspicuous places in the municipality for at least the 10 days preceding election day.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.025.  ELECTION;  ADOPTION.  (a)  After a petition is filed, an election to consider the adoption of the city manager form of government must be held on the first authorized uniform election date prescribed by the Election Code that occurs after the date the petition is filed under Section 25.022 and that affords enough time to hold the election in the manner required by law.  Each qualified voter in the municipality is entitled to vote in the election.
(b)  The ballots at an election under this subchapter shall be printed to provide for voting for or against the proposition:  The governing body of the municipality of ____________________ (name of the municipality) appointing a city manager and setting by ordinance the salary of the manager.
(c)  A municipality holding an election under this subchapter shall operate under the city manager form of government if a majority of the votes cast at the election are for its adoption.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.026.  APPOINTMENT OF CITY MANAGER.  If the city manager form of government is adopted, the governing body of the municipality shall appoint a city manager within 60 days after the election day and by ordinance shall set the manager's salary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.027.  QUALIFICATIONS OF CITY MANAGER.  (a)  The governing body of the municipality shall appoint the city manager solely on the basis of the person's administrative ability.
(b)  The city manager is not required to meet any residency qualifications.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.028.  TERM OF OFFICE.  The city manager is appointed by and serves at the will of the governing body of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.029.  POWERS AND DUTIES OF CITY MANAGER;  BOND.  (a)  The city manager shall administer the municipal business and the governing body of the municipality shall ensure that the administration is efficient.
(b)  The governing body by ordinance may delegate to the city manager any additional powers or duties the governing body considers proper for the efficient administration of municipal affairs.
(c)  The city manager must execute a bond.  The bond must be conditioned that the manager will faithfully perform the duties of manager and must be in an amount prescribed by ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. OTHER MUNICIPAL OFFICERS

Sec. 25.051.  OTHER MUNICIPAL OFFICERS.  (a)  After a municipality adopts the city manager form of government under this chapter, all municipal officers, except members of the governing body of the municipality, shall be appointed as provided by ordinance.  However, an elected officer serving at the time of the adoption of the city manager form of government may continue to serve until the expiration of the officer's term.
(b)  This chapter does not limit the authority of the governing body of a general-law municipality to appoint and prescribe the powers and duties of a municipal officer or employee under Chapter 22, 23, or 24.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1185, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1206, Sec. 2, eff. June 20, 2003.

SUBCHAPTER D. ABANDONING CITY MANAGER FORM OF GOVERNMENT

Sec. 25.071.  ABANDONING CITY MANAGER FORM OF GOVERNMENT.  (a)  A municipality may abandon the city manager form of government at any time as provided by this section.
(b)  A petition requesting the mayor of the municipality to order a special election to abandon the city manager form of government must be filed with the clerk of the municipality and signed by a number of qualified voters equal to at least 20 percent of the total number of qualified voters who voted for mayor at the most recent municipal election at which the office of mayor was to be filled.
(c)  Within 10 days after the date a petition is filed under Subsection (b), the mayor shall issue a proclamation ordering the special election.  The proclamation must state that the election is ordered to determine whether the municipality will abandon the city manager form of government and notice of the election must be as for an election to consider the adoption of the city manager form of government.
(d)  The election must be held on the first authorized uniform election date prescribed by the Election Code that occurs after the date the petition is filed under Subsection (b) and that affords enough time to hold the election in the manner required by law.
(e)  The ballots at the election shall be printed to provide for voting for or against the proposition:  Abandoning the city manager form of government in the municipality of ____________________ (name of the municipality).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 25.072.  DUTIES OF GOVERNING BODY IF CITY MANAGER FORM IS ABANDONED.  (a)  If a majority of votes cast at an election under this subchapter are for abandoning the city manager form of government, the governing body of the municipality shall discharge the city manager within 60 days after the election day.
(b)  When the city manager is discharged, the governing body shall assume the powers and duties given to the governing body by law as if the city manager form of government had never been adopted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.