LOCAL GOVERNMENT CODE
CHAPTER 52. ADOPTION OF MUNICIPAL ORDINANCES
SUBCHAPTER A. GENERAL PROVISIONS APPLICABLE TO TYPE A GENERAL-LAW
MUNICIPALITIES
§ 52.001. 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.
§ 52.002. STYLE. (a) The style of an ordinance of the
municipality must be: "Be it ordained by the _____________ (insert
the name by which the governing body of the municipality is known,
such as city council, board of aldermen, or city commission) of the
______________ (insert the type of entity that the municipality is
known as, such as city, town, or village) of (insert the name of the
municipality)."
(b) The style may be omitted when the ordinance is published
in a book or pamphlet.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 402, § 7, eff. Sept. 1, 2001.
§ 52.003. APPROVAL BY MAYOR AND RELATED CONDITIONS FOR
ORDINANCE TO TAKE EFFECT. (a) Before an ordinance or resolution
adopted by the governing body of the municipality may take effect,
the ordinance or resolution must be placed in the office of the
secretary of the municipality. The mayor shall sign the ordinances
and resolutions that the mayor approves.
(b) If the mayor does not sign an ordinance or resolution
before the fourth day after the date it is placed in the secretary's
office and does not return the ordinance or resolution under
Subsection (c), the ordinance or resolution takes effect as
provided by law.
(c) If the mayor returns an ordinance or resolution to the
governing body with a statement of objections before the fourth day
after the date the ordinance or resolution is placed in the
secretary's office, the governing body shall, on the return,
reconsider the vote by which the ordinance or resolution was
adopted. If a majority of the total number of members of the
governing body, excluding the mayor, approve the ordinance or
resolution on reconsideration and enter the votes in the journal of
the governing body's proceedings, the ordinance or resolution may
take effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 52.004. OFFICIAL NEWSPAPER. (a) As soon as
practicable after the beginning of each municipal year, the
governing body of the municipality shall contract, as determined by
ordinance or resolution, with a public newspaper of the
municipality to be the municipality's official newspaper until
another newspaper is selected.
(b) The governing body shall publish in the municipality's
official newspaper each ordinance, notice, or other matter required
by law or ordinance to be published.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. PUBLICATION OF ORDINANCES
§ 52.011. TYPE A GENERAL-LAW MUNICIPALITY. (a) If a
Type A general-law municipality adopts an ordinance that imposes a
penalty, fine, or forfeiture, the ordinance, or a caption that
summarizes the purpose of the ordinance and the penalty for
violating the ordinance, shall be published in:
(1) every issue of the official newspaper for two
days; or
(2) one issue of the newspaper if the official
newspaper is a weekly paper.
(b) An affidavit by the printer or publisher of the official
newspaper verifying the publication shall be filed in the office of
the secretary of the municipality. In the courts of this state, the
affidavit is prima facie evidence of the adoption of the ordinance
and of the required publication.
(c) An ordinance required to be published by this section
takes effect when the publication requirement is satisfied unless
the ordinance provides otherwise. An ordinance that is not
required to be published by this section takes effect when adopted
unless the ordinance provides otherwise.
(d) If a Type A general-law municipality publishes its
ordinances in pamphlet or book form, the publication in the
official newspaper of an ordinance included in the pamphlet or book
is not required if the ordinance was published previously in the
official newspaper. A court shall admit without further proof an
ordinance of a Type A general-law municipality that is published in
pamphlet or book form as authorized by the governing body if the
ordinance was published previously in the official newspaper.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 194, § 1, eff. Aug. 28, 1989.
§ 52.012. TYPE B GENERAL-LAW MUNICIPALITY. (a) Before
an ordinance or a bylaw of a Type B general-law municipality may be
enforced, the ordinance or bylaw, or a caption that summarizes the
purpose of the ordinance or bylaw and the penalty for violating the
ordinance or bylaw must be posted in three public places in the
municipality or published in a newspaper that is published in the
municipality. If no newspaper is published in the municipality,
the ordinance, bylaw, or summary may be published in a newspaper
with general circulation in the municipality.
(b) Unless the publication is in a weekly newspaper, the
governing body must post or publish the ordinance, bylaw, or
summary for at least two days. If the publication is in a weekly
newspaper, the governing body shall publish the ordinance, bylaw,
or summary in one issue.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 194, § 2, eff. Aug. 28, 1989.
§ 52.013. HOME-RULE MUNICIPALITIES. (a) The governing
body of a home-rule municipality may publish a caption of an adopted
ordinance that summarizes the purpose of the ordinance and any
penalty for violating the ordinance in lieu of a requirement in the
municipality's charter that the text of the ordinance be published.
(b) If the charter of a home-rule municipality does not
provide for the method of publication of an ordinance, the full text
of the ordinance or a caption that summarizes the purpose of the
ordinance and the penalty for violating the ordinance may be
published at least twice in the municipality's official newspaper.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
