State Codes and Statutes

Statutes > Texas > Local-government-code > Title-4-finances > Chapter-101-general-financial-provisions-affecting-municipalities

LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE A. MUNICIPAL FINANCES

CHAPTER 101. GENERAL FINANCIAL PROVISIONS AFFECTING

MUNICIPALITIES

SUBCHAPTER A. PROVISIONS AFFECTING TYPE A GENERAL-LAW

MUNICIPALITIES

Sec. 101.001. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type A general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.002. CONTROL OF FINANCES. The governing body of the

municipality may manage and control the finances of the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.003. APPROPRIATIONS; PAYMENTS. The governing body of

the municipality may appropriate money and provide for the

payment of municipal debts and expenses.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.004. SPECIAL FUNDS; DISBURSEMENT. The governing body

of the municipality may provide by ordinance for the creation of

special funds for special purposes and may provide that a special

fund may be disbursed only for the purpose for which the fund was

created.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.005. DEBT PAYMENTS; IMPROVEMENTS. (a) The governing

body of the municipality may appropriate municipal revenues to:

(1) retire and discharge the accrued indebtedness of the

municipality;

(2) improve public markets and streets; or

(3) erect and operate municipal hospitals, a city hall,

waterworks, or other municipal buildings and facilities.

(b) The governing body may appropriate municipal revenues under

this section in amounts and under conditions that it considers

appropriate.

(c) In order to fulfill its functions under this section, the

governing body may borrow money based on the credit of the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.006. RECEIVERSHIP FOR PAYMENT OF DEBTS. (a) On the

failure of the municipality to accomplish a compromise of its

debts or pending the negotiation of a compromise, the

municipality may apply to the district court of the county in

which the municipality is located to have the court take charge

of the collection and appropriation of all taxes levied and

assessed by the municipality, except an amount of taxes necessary

to pay the current expenses of the municipality. The application

must describe the financial condition and insolvency of the

municipality.

(b) After the application is made to the district court, the

court shall appoint a receiver or designate the assessor and

collector of the municipality as receiver to collect and pay into

a named depository, for the payment of the municipal debts, all

taxes levied by the municipality. The district court may not

appoint a receiver except on the voluntary application of the

municipality.

(c) The district court shall decide all questions of priority

between conflicting claimants of the municipal funds in the

depository and shall provide for the ratable and equitable

distribution of the funds among all creditors entitled to the

funds.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITIES

Sec. 101.021. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a home-rule municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.022. GENERAL FISCAL POWERS. The municipality may:

(1) control and manage the finances of the municipality; and

(2) prescribe its fiscal year and other fiscal arrangements.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.0221. FISCAL YEAR FOR CERTAIN MUNICIPALITIES.

Notwithstanding any fiscal year provision in the municipal

charter, a municipality with a population in excess of 500,000

which is situated in a county bordering the Republic of Mexico

may prescribe its fiscal year by ordinance.

Added by Acts 1993, 73rd Leg., ch. 618, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.14, eff.

Sept. 1, 1999.

Sec. 101.023. GARNISHMENT. The municipality may provide that

its municipal funds are not subject to garnishment and that the

municipality is not required to answer in garnishment

proceedings.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. PROVISIONS APPLICABLE TO GENERAL-LAW MUNICIPALITIES

Sec. 101.041. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a general-law municipality.

Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.

Sec. 101.042. FISCAL YEAR. The governing body of the

municipality by ordinance may prescribe the fiscal year of the

municipality.

Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.

State Codes and Statutes

Statutes > Texas > Local-government-code > Title-4-finances > Chapter-101-general-financial-provisions-affecting-municipalities

LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE A. MUNICIPAL FINANCES

CHAPTER 101. GENERAL FINANCIAL PROVISIONS AFFECTING

MUNICIPALITIES

SUBCHAPTER A. PROVISIONS AFFECTING TYPE A GENERAL-LAW

MUNICIPALITIES

Sec. 101.001. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type A general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.002. CONTROL OF FINANCES. The governing body of the

municipality may manage and control the finances of the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.003. APPROPRIATIONS; PAYMENTS. The governing body of

the municipality may appropriate money and provide for the

payment of municipal debts and expenses.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.004. SPECIAL FUNDS; DISBURSEMENT. The governing body

of the municipality may provide by ordinance for the creation of

special funds for special purposes and may provide that a special

fund may be disbursed only for the purpose for which the fund was

created.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.005. DEBT PAYMENTS; IMPROVEMENTS. (a) The governing

body of the municipality may appropriate municipal revenues to:

(1) retire and discharge the accrued indebtedness of the

municipality;

(2) improve public markets and streets; or

(3) erect and operate municipal hospitals, a city hall,

waterworks, or other municipal buildings and facilities.

(b) The governing body may appropriate municipal revenues under

this section in amounts and under conditions that it considers

appropriate.

(c) In order to fulfill its functions under this section, the

governing body may borrow money based on the credit of the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.006. RECEIVERSHIP FOR PAYMENT OF DEBTS. (a) On the

failure of the municipality to accomplish a compromise of its

debts or pending the negotiation of a compromise, the

municipality may apply to the district court of the county in

which the municipality is located to have the court take charge

of the collection and appropriation of all taxes levied and

assessed by the municipality, except an amount of taxes necessary

to pay the current expenses of the municipality. The application

must describe the financial condition and insolvency of the

municipality.

(b) After the application is made to the district court, the

court shall appoint a receiver or designate the assessor and

collector of the municipality as receiver to collect and pay into

a named depository, for the payment of the municipal debts, all

taxes levied by the municipality. The district court may not

appoint a receiver except on the voluntary application of the

municipality.

(c) The district court shall decide all questions of priority

between conflicting claimants of the municipal funds in the

depository and shall provide for the ratable and equitable

distribution of the funds among all creditors entitled to the

funds.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITIES

Sec. 101.021. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a home-rule municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.022. GENERAL FISCAL POWERS. The municipality may:

(1) control and manage the finances of the municipality; and

(2) prescribe its fiscal year and other fiscal arrangements.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.0221. FISCAL YEAR FOR CERTAIN MUNICIPALITIES.

Notwithstanding any fiscal year provision in the municipal

charter, a municipality with a population in excess of 500,000

which is situated in a county bordering the Republic of Mexico

may prescribe its fiscal year by ordinance.

Added by Acts 1993, 73rd Leg., ch. 618, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.14, eff.

Sept. 1, 1999.

Sec. 101.023. GARNISHMENT. The municipality may provide that

its municipal funds are not subject to garnishment and that the

municipality is not required to answer in garnishment

proceedings.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. PROVISIONS APPLICABLE TO GENERAL-LAW MUNICIPALITIES

Sec. 101.041. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a general-law municipality.

Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.

Sec. 101.042. FISCAL YEAR. The governing body of the

municipality by ordinance may prescribe the fiscal year of the

municipality.

Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.


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State Codes and Statutes

Statutes > Texas > Local-government-code > Title-4-finances > Chapter-101-general-financial-provisions-affecting-municipalities

LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE A. MUNICIPAL FINANCES

CHAPTER 101. GENERAL FINANCIAL PROVISIONS AFFECTING

MUNICIPALITIES

SUBCHAPTER A. PROVISIONS AFFECTING TYPE A GENERAL-LAW

MUNICIPALITIES

Sec. 101.001. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type A general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.002. CONTROL OF FINANCES. The governing body of the

municipality may manage and control the finances of the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.003. APPROPRIATIONS; PAYMENTS. The governing body of

the municipality may appropriate money and provide for the

payment of municipal debts and expenses.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.004. SPECIAL FUNDS; DISBURSEMENT. The governing body

of the municipality may provide by ordinance for the creation of

special funds for special purposes and may provide that a special

fund may be disbursed only for the purpose for which the fund was

created.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.005. DEBT PAYMENTS; IMPROVEMENTS. (a) The governing

body of the municipality may appropriate municipal revenues to:

(1) retire and discharge the accrued indebtedness of the

municipality;

(2) improve public markets and streets; or

(3) erect and operate municipal hospitals, a city hall,

waterworks, or other municipal buildings and facilities.

(b) The governing body may appropriate municipal revenues under

this section in amounts and under conditions that it considers

appropriate.

(c) In order to fulfill its functions under this section, the

governing body may borrow money based on the credit of the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.006. RECEIVERSHIP FOR PAYMENT OF DEBTS. (a) On the

failure of the municipality to accomplish a compromise of its

debts or pending the negotiation of a compromise, the

municipality may apply to the district court of the county in

which the municipality is located to have the court take charge

of the collection and appropriation of all taxes levied and

assessed by the municipality, except an amount of taxes necessary

to pay the current expenses of the municipality. The application

must describe the financial condition and insolvency of the

municipality.

(b) After the application is made to the district court, the

court shall appoint a receiver or designate the assessor and

collector of the municipality as receiver to collect and pay into

a named depository, for the payment of the municipal debts, all

taxes levied by the municipality. The district court may not

appoint a receiver except on the voluntary application of the

municipality.

(c) The district court shall decide all questions of priority

between conflicting claimants of the municipal funds in the

depository and shall provide for the ratable and equitable

distribution of the funds among all creditors entitled to the

funds.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITIES

Sec. 101.021. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a home-rule municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.022. GENERAL FISCAL POWERS. The municipality may:

(1) control and manage the finances of the municipality; and

(2) prescribe its fiscal year and other fiscal arrangements.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 101.0221. FISCAL YEAR FOR CERTAIN MUNICIPALITIES.

Notwithstanding any fiscal year provision in the municipal

charter, a municipality with a population in excess of 500,000

which is situated in a county bordering the Republic of Mexico

may prescribe its fiscal year by ordinance.

Added by Acts 1993, 73rd Leg., ch. 618, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.14, eff.

Sept. 1, 1999.

Sec. 101.023. GARNISHMENT. The municipality may provide that

its municipal funds are not subject to garnishment and that the

municipality is not required to answer in garnishment

proceedings.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. PROVISIONS APPLICABLE TO GENERAL-LAW MUNICIPALITIES

Sec. 101.041. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a general-law municipality.

Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.

Sec. 101.042. FISCAL YEAR. The governing body of the

municipality by ordinance may prescribe the fiscal year of the

municipality.

Added by Acts 1993, 73rd Leg., ch. 68, Sec. 1, eff. May 2, 1993.


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