In a general law city like Kress, a mayor’s duties and authority come first from the Local Government Code and other state law and then may be expanded by the city council. See TEX. LOC. GOV’T CODE §§ 22.037; 22.042; and 23.027. A mayor in a Type A city presides over the meetings of the governing body, but may not vote unless there is a tie. Id. § 22.037. A Type A mayor is also authorized to call special meetings on her “own motion or on the application of three aldermen.” Id. § 22.038. The majority of the mayor’s duties are listed in Section 22.042 of the Local Government Code. 

The mayor: (1) is the “chief executive officer” of the city; (2) must “actively ensure that the laws and ordinances of the municipality are properly carried out”; (3) must “inspect the conduct of each subordinate municipal officer and shall cause any negligence, carelessness, or other violation of duty to be prosecuted and punished”; and (4) must give to the city council “any information, and shall recommend to the governing body any measure, that relates to improving the finances, police, health, security, cleanliness, comfort, ornament, or good government of the municipality.”

The mayor also has emergency management authority including: (1) the authority to close public facilities in order to ensure the peace and good order of the city during a riot or unlawful assembly; and (2) the authority to summon a special police force when necessary for the enforcement of city laws, because of riot or outbreak, or because of the threat of serious danger. Id. §§ 22.042; 341.011. A Type A mayor also has the authority to appoint an individual to a vacancy in a municipal office, subject to confirmation by the city council. Id. §A22.010.

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Johnny Taylor