General Law Cities Handbook for
Mayors and Councilmembers
Foreword
Serving as a local elected official is one of the most demanding—and often thankless—
tasks a citizen can perform. Municipal officials can be called upon day and night. They
are subject to constant criticism, and almost everything they do will be wrong in
someone’s opinion. Many spend their own money to campaign for election; most receive
little, if any, pay for the job.
But serving in local office can also be rewarding and productive. For many, it is more
important than being in Congress or the state legislature, because the city is the real world
where municipal officials can make good things happen for their fellow citizens.
We hope this handbook will offer a few suggestions that will make your job easier.
Obviously, such a guide cannot possibly touch upon every relevant subject, but it does
include what we think are the most important topics. Throughout, however, it should be
recognized that this handbook is only a guide and that there is no substitute for competent
legal advice regarding interpretations of the law and other questions that might arise in
specific situations.
We wish you great success.
Austin, Texas
August 2001
Frank J. Sturzl
Executive Director
About the Texas Municipal League
In the summer of 1913, Professor Herman G. James, Director of the Bureau of Municipal
Research and Reference at the University of Texas at Austin, and A.P. Woolridge, then
the Mayor of Austin, formed the League of Texas Municipalities.
The two men invited representatives from all Texas cities to come to Austin on
November 4, 1913, for an organizational meeting. Fourteen cities sent representatives to
Austin. At that first meeting, a modest membership fee was approved along with a
constitution to govern the association.
Since that time, the League has grown into one of the largest and most respected
organizations of its kind in the nation. From the original 14 members, TML’s
membership has grown to more than 1,060 cities. Membership is voluntary and is open to
any city in Texas. Over 13,000 mayors, councilmembers, city managers, city attorneys,
and department heads are member officials of the League by virtue of their cities’
participation.
The Texas Municipal League exists solely to provide services to Texas cities. Since its
formation, the League’s mission has remained the same: to serve the needs and advocate
the interests of its members. The TML constitution states that the purpose of the League
is to "render services which individual cities have neither the time, money nor strength to
do alone."
League services to its member cities include legal advice and information on municipal
legal matters, legislative representation on the state and federal levels, information and
research, publication of a monthly magazine, conferences and training seminars on
municipal issues, and professional development of member city officials.
Table of Contents
Chapter One. Local Government in Texas
Units of Local Government
Categories of General Law Cities
City Manager Plan
7
8
9
Chapter Two. Roles and Responsibilities of Councilmembers
Office of the Mayor
Office of Mayor Pro Tem
Office of Councilmember
11
13
13
Chapter Three. Powers and Duties of the Mayor and Councilmembers
Administrative Oversight
Elections
The Police Power
Planning, Subdivision Controls, and Annexation
Regulation of Streets and Other Public Places
Construction of Public Facilities
Donations of Municipal Funds
Payment of Bonuses to City Employees
Bids
City Depository
Official Newspaper
Federal Voting Rights Act
Delegation of Legislative Powers
17
18
18
19
19
19
19
20
20
20
20
20
21
Chapter Four. The Council At Work: Public Policy Development
Policy Inputs
The Team Concept
Goal-Setting
Self-Evaluation of the Council’s Policy Role
23
24
25
25
Chapter Five. The Council at Work: Meetings
Legal Requirements
Texas Open Meetings Act
Public Information Act
Formal Meetings of the Council/The Agenda
Streamlining Council Meetings
Council Work Sessions
Citizen Participation
Public Hearings
27
27
28
28
31
32
32
33
Chapter Six. Financial Administration
Revenue Sources
Budgeting
Municipal Borrowing
General Obligation Debt
Revenue Bonds
Bond Ratings
Bond Elections
Anticipation Notes
Capital Improvements Programming
Financial Reporting
Investments
Financial Warning Signals
Chapter Seven. Ordinances and Resolutions
Compatibility of Ordinances with State and Federal Laws
Form of the Ordinance
35
37
39
39
40
40
41
41
41
42
42
43
45
46
Chapter Eight. Standards of Conduct for Mayors and Councilmembers
Bribery–Generally
Bribes in Return for Help with Bids and Other Financial Transactions
Offering Prohibited Gifts to Public Officials
Abuse of Official Capacity
Misuse of Official Information
Public Disclosure of Certain Interests
49
49
50
50
50
51
Chapter Nine. Conflicts of Interest
Dual Office-Holding
City Actions that Benefit Mayors and Councilmembers
Nepotism
53
54
54
Chapter Ten. Personal Liability of Councilmembers
Public Official Liability
Liability Under State Law
Liability Under Federal Law
Civil Rights Liability
Avoiding Liability
57
57
58
58
58
Chapter Eleven. Sources of Information
Local Sources
Texas Municipal League
National Resources
59
59
59
Appendix A