LOCAL GOVERNMENT CODE
CHAPTER 25. CITY MANAGER FORM OF GOVERNMENT IN GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CITY MANAGER
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. OTHER MUNICIPAL OFFICERS
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 1185, § 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1206, § 2, eff. June 20, 2003.
SUBCHAPTER D. ABANDONING CITY MANAGER FORM OF GOVERNMENT
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.