LOCAL GOVERNMENT CODE
SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES
CHAPTER 51. GENERAL POWERS OF MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 51.001. ORDINANCE, RULE, OR REGULATION NECESSARY TO
CARRY OUT OTHER POWERS. The governing body of a municipality may
adopt, publish, amend, or repeal an ordinance, rule, or police
regulation that:
(1) is for the good government, peace, or order of the
municipality or for the trade and commerce of the municipality; and
(2) is necessary or proper for carrying out a power
granted by law to the municipality or to an office or department of
the municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.003. MUNICIPAL ACT OR PROCEEDING PRESUMED
VALID. (a) A governmental act or proceeding of a municipality is
conclusively presumed, as of the date it occurred, to be valid and
to have occurred in accordance with all applicable statutes and
ordinances if:
(1) the third anniversary of the effective date of the
act or proceeding has expired; and
(2) a lawsuit to annul or invalidate the act or
proceeding has not been filed on or before that third anniversary.
(b) This section does not apply to:
(1) an act or proceeding that was void at the time it
occurred;
(2) an act or proceeding that, under a statute of this
state or the United States, was a misdemeanor or felony at the time
the act or proceeding occurred;
(3) an incorporation or attempted incorporation of a
municipality, or an annexation or attempted annexation of territory
by a municipality, within the incorporated boundaries or
extraterritorial jurisdiction of another municipality that
occurred without the consent of the other municipality in violation
of Chapter 42 or 43;
(4) an ordinance that, at the time it was passed, was
preempted by a statute of this state or the United States, including
Section 1.06 or 109.57, Alcoholic Beverage Code; or
(5) a matter that on the effective date of this
section:
(A) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(B) has been held invalid by a final judgment of a
court.
Added by Acts 1999, 76th Leg., ch. 1338, § 1, eff. June 19, 1999.
SUBCHAPTER B. PROVISIONS APPLICABLE TO TYPE A GENERAL-LAW
MUNICIPALITY
§ 51.011. SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW
MUNICIPALITY. This subchapter applies only to a Type A general-law
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.012. ORDINANCES AND REGULATIONS. The municipality
may adopt an ordinance, act, law, or regulation, not inconsistent
with state law, that is necessary for the government, interest,
welfare, or good order of the municipality as a body politic.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.013. AUTHORITY RELATING TO LAWSUITS. The
municipality may sue and be sued, implead and be impleaded, and
answer and be answered in any matter in any court or other place.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.014. AUTHORITY TO CONTRACT. The municipality may
contract with other persons.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.015. AUTHORITY TO HOLD, PURCHASE, LEASE, OR CONVEY
PROPERTY. (a) To carry out a municipal purpose, the municipality
may take, hold, purchase, lease, grant, or convey property located
in or outside the municipality.
(b) The governing body of the municipality may manage and
control the property belonging to the municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.016. ADOPTION AND USE OF SEAL. The municipality
may adopt a corporate seal for the use of the municipality. The
municipality may change and renew the seal.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.017. CONTINUATION OF POWERS, DUTIES, PENALTIES, AND
SUITS AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY. (a) This
section applies only to a Type A general-law municipality that:
(1) changed to that type under Subchapter B of Chapter
6; or
(2) changed its municipal type under the predecessor
statutes to Subchapter B of Chapter 6.
(b) The municipality continues to have the powers, rights,
immunities, privileges, and franchises possessed at the time the
municipality changed to a Type A general-law municipality and
continues to be subject to the duties it had at the time of the
change.
(c) A right, action, fine, penalty, or forfeiture that,
under the laws in effect before the municipality changed to a Type A
general-law municipality, accrued in favor of the municipality in a
suit or in any other manner continues to be vested in and shall be
prosecuted by the municipality after the change.
(d) A suit pending against the municipality before the
municipality changed to a Type A general-law municipality is not
affected by the change. After the change, the municipality shall,
as appropriate, prosecute or defend the suit.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.018. OWNERSHIP AND SALE OF PROPERTY AFTER CHANGE TO
TYPE A GENERAL-LAW MUNICIPALITY. (a) This section applies only
to a Type A general-law municipality described by Section
51.017(a).
(b) The property belonging to the municipality before it
changed to a Type A general-law municipality continues to belong to
the municipality after the change.
(c) If, before changing to a Type A general-law
municipality, the municipality was incorporated under a law of the
Republic of Texas, the governing body of the municipality may sell
the property and appropriate the proceeds of the sale for the
acquisition, construction, maintenance, or operation of a water,
sewer, gas, or electric light or power system in or outside the
municipality or for any other public improvement in the
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. PROVISIONS APPLICABLE TO TYPE B GENERAL-LAW
MUNICIPALITY
§ 51.031. SUBCHAPTER APPLICABLE TO TYPE B GENERAL-LAW
MUNICIPALITY. This subchapter applies only to a Type B general-law
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.032. ORDINANCES AND BYLAWS. (a) The governing
body of the municipality may adopt an ordinance or bylaw, not
inconsistent with state law, that the governing body considers
proper for the government of the municipal corporation.
(b) The governing body may take any other action necessary
to carry out a provision of this code applicable to the
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.033. AUTHORITY RELATING TO LAWSUITS. The
municipality may sue and be sued and may plead and be impleaded.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.034. AUTHORITY TO HOLD AND DISPOSE OF
PROPERTY. The municipality may hold and dispose of:
(1) personal property; and
(2) real property located within the municipal
boundaries.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.035. AUTHORITY, DUTIES, PRIVILEGES. A Type B
general-law municipality has the same authority, duties, and
privileges as a Type A general-law municipality, unless the Type B
general-law municipality in exercising the authority or privilege
or performing the duty would be in conflict with another provision
of this code or other state law that relates specifically to Type B
general-law municipalities.
Added by Acts 1991, 72nd Leg., ch. 753, § 1, eff. June 16, 1991.
SUBCHAPTER D. PROVISIONS APPLICABLE TO TYPE C GENERAL-LAW
MUNICIPALITY
§ 51.051. GENERAL POWERS OF TYPE C GENERAL-LAW
MUNICIPALITY. (a) The governing body of a Type C general-law
municipality with 501 to 4,999 inhabitants has the same authority
and is subject to the same duties as a Type A general-law
municipality unless the authority or duties conflict with a
provision of this code relating specifically to a Type C
general-law municipality.
(b) The governing body of a Type C general-law municipality
with 201 to 500 inhabitants has the same authority as a Type B
general-law municipality unless the authority conflicts with a
provision of this code relating specifically to a Type C
general-law municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 87(c), eff. Aug. 28, 1989.
§ 51.052. ALTERNATIVE GENERAL POWERS FOR CERTAIN TYPE C
GENERAL-LAW MUNICIPALITIES. (a) A municipality that is
incorporated as a Type C general-law municipality and that has
$500,000 or more of assessed valuation for taxable purposes,
according to its most recently approved tax rolls, may adopt the
powers of a Type A general-law municipality regardless of any
limitation prescribed by Section 51.051. On adoption of the
powers, the municipality has the same rights, powers, privileges,
immunities, and franchises as a Type A general-law municipality.
(b) For a municipality to adopt the powers:
(1) at least two-thirds of the governing body of the
municipality at a regular meeting must vote to make the change and
the vote must be recorded in the journal of the governing body's
proceedings;
(2) a copy of the record of the proceedings must be
signed by the mayor;
(3) a copy of the record of the proceedings must be
attested by the municipality's clerk or secretary under the
corporate seal; and
(4) a copy of the record of the proceedings must be
filed and recorded in the office of the county clerk of the county
in which the municipality is located.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER E. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITY
§ 51.071. SUBCHAPTER APPLICABLE TO HOME-RULE
MUNICIPALITY. This subchapter applies only to a home-rule
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.072. AUTHORITY OF LOCAL SELF-GOVERNMENT. (a) The
municipality has full power of local self-government.
(b) The grant of powers to the municipality by this code
does not prevent, by implication or otherwise, the municipality
from exercising the authority incident to local self-government.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.073. ADOPTION OF CHARTER DOES NOT AFFECT RIGHTS AND
CLAIMS. The adoption or amendment of the municipality's charter
does not affect any previously existing property, action, right of
action, claim, or demand involving the municipality. A right of
action, claim, or demand may be asserted as fully as though the
adoption or amendment of the charter had not occurred.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.074. PERPETUAL SUCCESSION. The municipality may
act in perpetual succession as a body politic.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.075. AUTHORITY RELATING TO LAWSUITS. The
municipality may plead and be impleaded in any court.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.076. AUTHORITY RELATING TO PROPERTY. (a) The
municipality may hold property, including any charitable or trust
fund, that it receives by gift, deed, devise, or other manner.
(b) The municipality may provide that any property owned or
held by the municipality is not subject to any kind of execution.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.077. LIABILITY FOR DAMAGES. The municipality may
adopt rules, as it considers advisable, governing the
municipality's liability for damages caused to a person or
property. The municipality may provide for its exemption from
liability.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.078. PRESERVATION OF CERTAIN POWERS GRANTED BEFORE
1913. Powers granted before July 1, 1913, to a municipality by
general law or special law continue to be powers of the municipality
after it adopts a home-rule charter if the powers are made a part of
the charter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 51.079. RESTRICTIONS APPLYING TO NONBINDING
REFERENDUM. (a) A nonbinding referendum held by the municipality
as a result of a petition by the voters of the municipality must be
held on the same date of an election called by the governing body of
the municipality on another question or for the election of one or
more municipal officers.
(b) The referendum may be held on a date other than one
described by Subsection (a) if:
(1) one or more of the persons signing the petition
agrees in a writing filed with the governing body of the
municipality to pay, before the 60th day after the date of the
referendum, all costs incurred by the municipality in holding the
referendum; and
(2) the persons agreeing to pay the costs execute a
bond complying with Subsection (c).
(c) The bond must be:
(1) payable to, approved by, and filed with the
governing body of the municipality;
(2) executed with a corporate surety authorized to do
business in this state;
(3) in an amount the governing body estimates is
necessary to cover the costs the municipality will incur in holding
the referendum; and
(4) conditioned that the persons executing the bond
will pay, before the 60th day after the date of the referendum, all
costs incurred by the municipality in holding the referendum.
(d) This section does not apply to a referendum that is
expressly authorized by the state constitution or a statute.
Added by Acts 1989, 71st Leg., ch. 1, § 6(a), eff. Aug. 28, 1989.
