LOCAL GOVERNMENT CODE
CHAPTER 26. FORM OF GOVERNMENT IN HOME-RULE MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
§ 26.001. CHAPTER APPLICABLE TO HOME-RULE
MUNICIPALITY. This chapter applies only to a home-rule
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. FORM OF GOVERNMENT
§ 26.021. FORM OF GOVERNMENT. The municipality may
adopt and operate under any form of government, including the
aldermanic or commission form.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. MUNICIPAL OFFICERS
§ 26.041. CREATION OF MUNICIPAL OFFICES. The
municipality may:
(1) create offices;
(2) determine the method for selecting officers; and
(3) prescribe the qualifications, duties, and tenure
of office for officers.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 26.042. DATE FOR ELECTION OF OFFICERS. The governing
body of the municipality may set the date of election for municipal
officers in accordance with applicable provisions of the Election
Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 26.043. FILLING VACANCY IN ELECTIVE OFFICE IN
MUNICIPALITY WITH POPULATION OF 384,000 OR MORE. (a) If a vacancy
occurs in an elective office of a municipality with a population of
384,000 or more and if the charter of the municipality does not
provide for the filling of the vacancy, the governing body of the
municipality, by majority vote, shall appoint an individual to fill
the vacated office for the unexpired term. Pending that
appointment, the governing body may appoint a person on a temporary
basis to serve for a period not to exceed 60 days.
(b) A person appointed under Subsection (a) must possess the
qualifications required of the elected official.
(c) If the municipality holds an election to vote on
proposed amendments to its charter, it shall at that time submit a
proposed charter amendment to provide a method for filling
vacancies in elective offices.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 26.044. ELECTION FROM SINGLE-MEMBER AND AT-LARGE
DISTRICTS; LIMITATION ON YEARS OF SERVICE. (a) The governing
body of a municipality with a population of 1.5 million or more must
consist of one mayor elected at large, 16 members elected from
single-member districts, and six members elected at large. Each
member representing a single-member district must reside in the
district.
(b) This section supersedes any charter provision or
ordinance adopted before January 1, 1992. The municipality may
adopt a different composition or organization of its governing body
in a manner provided by its charter on or after January 1, 1992.
(c) The municipality may provide for the members of the
governing body to serve staggered terms.
(d) After each redistricting, the terms of the members of
the governing body representing single-member districts expire,
and an election shall be held in each new district to fill the
position for that district.
(e) The districts must be compact and contiguous and as
equal as practicable in population.
(f) A municipality having the population provided by
Subsection (a) according to the 1980 federal decennial census and
covered by Subsection (a) under the 1990 federal decennial census
must comply with Subsection (a) not later than May 1, 1992. Before
that date, the governing body of the municipality may implement the
transition to a governing body that complies with Subsection (a) as
it determines appropriate.
(g) A municipality to which this section applies for the
first time under the 1990 or a subsequent federal decennial census
must comply with Subsection (a) before the next January 1 that
occurs at least one year after the date the official census data for
the municipality is made public by the United States Bureau of the
Census.
(h) Subsections (a) through (f) apply to a municipality
having the population described by Subsection (a) under the 1980
and 1990 federal decennial censuses only if a finding is made that
representation of the citizens of the municipality requires that
the governing body consist of members as required by Subsection
(a). The finding must be made by the voters of the municipality
voting at an election on the question. The mayor of the
municipality shall order an election on the question for the
November 1991 uniform election date. The mayor shall order the
ballot for the election to be printed to provide for voting for or
against the proposition: "Representation of the citizens of the
municipality of (name of the municipality) requires that the
governing body of the municipality consist of (a description of the
requirements of Subsection (a))." If a majority of the votes cast at
the election favor the proposition, the finding required by this
subsection is considered to have been made, and this section shall
be implemented in the municipality. If a majority of the votes cast
are not in favor of the proposition, this section has no effect in
the municipality.
(i) If this section takes effect on or before July 1, 1991,
the election as required by Subsection (h) shall be held on August
10, 1991, as required by Section 41.001, Election Code, instead of
on the November 1991 uniform election date.
(j) Repealed by Acts 1993, 73rd Leg., ch. 919, § 2, eff.
Aug. 30, 1993.
Added by Acts 1991, 72nd Leg., ch. 666, § 1, eff. June 16, 1991.
Amended by Acts 1993, 73rd Leg., ch. 919, § 2, eff. Aug. 30,
1993.
§ 26.045. FILLING VACANCY ON GOVERNING BODY OF
MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE. If a vacancy
occurs on the governing body of a municipality with a population of
1.5 million or more and more than 270 days remain before the date of
the next general election of members of the governing body, the
governing body shall order a special election in the district in
which the vacancy occurred, or in the entire municipality if the
vacancy occurred in an at-large position, to fill the vacancy. The
special election shall be held on an authorized uniform election
date prescribed by the Election Code that occurs before the general
election and that allows enough time to hold the election in the
manner required by law and shall be conducted in the same manner as
the municipality's general election except as provided by
provisions of the Election Code applicable to special elections to
fill vacancies.
Added by Acts 1993, 73rd Leg., ch. 919, § 1, eff. Aug. 30, 1993.
§ 26.046. SIZE OF GOVERNING BODY: CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
with a population of 1.1 million or more that elects each member of
its governing body other than the mayor from fewer than 14
single-member districts.
(b) Notwithstanding a charter provision to the contrary,
the municipality may provide by ordinance for the number of
districts used to elect members to the municipality's governing
body. The ordinance may not provide for more than 14 districts.
(c) This section does not affect a mayor who, under a
charter provision, is elected in a municipality at large.
Added by Acts 2001, 77th Leg., ch. 1179, § 1, eff. June 15, 2001.
