Who would lead Raywood if it were to become a city?

Who may run for mayor or commissioner?

 

The basic statutory qualifications are the same for both offices. A candidate generally must:

- be a United States citizen;
- be at least 18 years old by the first day of the term;
- have lived in Texas continuously for the 12 months before the filing deadline;
- have lived continuously in the territory from which the office is elected for the six months before the filing deadline;
- be a registered voter in that territory by the filing deadline;
- not have been finally convicted of a felony without later being pardoned or otherwise released from the resulting disabilities; and
- not have been finally determined by a court to be totally mentally incapacitated, or partially mentally incapacitated without the right to vote.

Texas law does not require a college degree, law degree, prior municipal experience, or property ownership for either office. Other legal questions—such as whether a person may hold another public position at the same time—can be fact-specific and should be reviewed before filing.​​​

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How long would they serve?

The mayor and commissioners elected with the incorporation question would serve until Raywood's first regular municipal election. Texas law requires that first regular election to occur on an authorized uniform election date within the statutory timetable. After that, the regular term is two years unless voters later approve a longer lawful term.

What would the mayor do?

The mayor would be one of the three members of the Type C governing body. The title does not give the mayor blanket authority to make every city decision alone. Matters assigned by law to the governing body—such as adopting a budget, approving contracts, appointing officers, and setting municipal policy—would be handled collectively at properly posted public meetings.
The mayor would have several specific responsibilities:
1. Serve on the three-member governing body. The mayor would study issues, listen to residents, participate in public meetings, and act on matters brought before the governing body.
2. Serve as the city's budget officer. Unless the city later adopts a city-manager form of government, state law makes the mayor the municipal budget officer. The budget officer prepares the proposed annual budget, while the full governing body conducts the required public hearing and adopts the budget by a record vote.
3. Help conduct the city's public business. A Type C governing body must meet at least once each month. The mayor may call a special meeting; the two commissioners acting together may also call one.
4. Represent and communicate for the city. This is a practical leadership expectation rather than a separate grant of unlimited legal authority. Residents should expect the mayor to communicate clearly, work with county and state officials, follow through on governing-body decisions, and keep the community informed.
5. Address the municipal-court responsibility. Texas law creates a municipal court in every municipality. In a general-law city, the mayor is the court's ex officio judge unless the city adopts an ordinance providing for the election or appointment of a separate municipal judge. That means one of the new governing body's early organizational decisions should be whether the mayor will perform the judicial role or whether the city will provide for another judge.

What would the commissioners do?

Raywood would elect two commissioners. They are not simply assistants to the mayor. Along with the mayor, they make up the governing body and share responsibility for the city's legislative and policy decisions.
Commissioners should expect to:
- prepare for and attend public meetings;
- listen to residents and bring community concerns into the public decision-making process;
- review and act on the proposed budget, expenditures, contracts, ordinances, resolutions, appointments, and service priorities;
- monitor whether adopted policies and approved projects are being carried out;
- protect public funds and insist on accurate records and transparent procedures;
- disclose qualifying financial conflicts and abstain when state law requires it; and
- work as part of a three-person body, even when members disagree.

Both commissioners acting together may call a special meeting. Because any two members of a three-person governing body constitute a quorum under the general Open Meetings Act definition, officials must be especially careful not to deliberate city business privately in pairs or through a sequence of messages outside a properly posted meeting.

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What should residents expect from all three officials?

The law sets minimum duties. Good local government requires more. Residents should expect the mayor and commissioners to:
- read meeting materials before voting;
- ask questions and explain major decisions;
- treat residents respectfully, including residents who disagree;
- base spending decisions on an adopted budget and documented public priorities;
- avoid promises that exceed the legal or financial authority of a small general-law city;
- maintain appropriate boundaries between policy decisions, administration, and the municipal court;
- comply with open-meeting, public-information, records, ethics, and conflict-of-interest rules; and
- seek qualified legal, financial, engineering, or other professional advice when a decision requires it.

This would be public service with real legal responsibility. It would not be a conventional full-time salaried job unless the law and the city's circumstances later allowed a different structure.

 

Would the mayor and commissioners be paid?

 

Texas law provides very modest compensation for a Type C governing body:

- $5 per day for each regular meeting; and
- $3 per day for each special meeting, with payment limited to five special meetings in one month.

The statute allows limited salary alternatives based on population. In a municipality with fewer than 2,000 residents, the governing body may set the mayor's salary at no more than $600 per year instead of the meeting payments. For a municipality with 2,000 or more residents, the statute permits annual salaries of no more than $1,200 for the mayor and $600 for each commissioner instead of the meeting payments.

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Note: Type A & B cities can choose reasonable salaries based on the city's budget.

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What do other cities in our area pay their elected officials?

• AMES: Type A with est. population 1,187; mayor and 5 council members

Mayor $24,000/yr; Council training/stipend $13,000 total/year

• DAISETTA: Type A with est. population 1,016; mayor and 5 council members

Mayor and council members receive no compensation

• DEVERS: Type B with est. population 433; mayor and 5 council members

Mayor and council members receive no compensation

• HARDIN: Type A with est. population 960; mayor and 5 council members

Mayor and council members receive no compensation

What training and bonds would be required?

Open-government training
Each member of the governing body must complete Open Meetings Act training within 90 days after taking the oath or assuming office. Public Information Act training is also required within 90 days, although an official may designate a qualified public-information coordinator to satisfy that requirement as allowed by law.

Official bonds
The mayor and each commissioner must execute a $3,000 bond conditioned on faithful performance of the office. This is the amount of the bond, not necessarily the premium charged by the surety company.

Judicial training if the mayor serves as judge
If the mayor serves as the ex officio municipal judge, separate judicial-education rules apply. The Texas Municipal Courts Education Center states that a newly serving non-attorney municipal judge generally must complete 32 hours of judicial education within the first year, followed by annual education requirements. The exact requirements should be confirmed when the court is activated and the judge is reported to the Texas Judicial Council.​​​​​​​​​​

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What are the qualifications needed to be the municipal clerk?

State law requires only that the governing body appoint a “competent person.” It does NOT require:

• A college degree

• Previous city-government employment

• Texas Registered Municipal Clerk certification

• A specific professional license

 

A strong candidate would ideally have:

• Administrative, bookkeeping or public-records experience

• Experience preparing agendas and accurate meeting minutes

• Basic budgeting, banking and accounting knowledge

• Experience with public-information requests or government records

Experience with a city, county, school district, appraisal district, emergency-services district or another governmental office would be particularly valuable. A paralegal, experienced bookkeeper or senior administrative professional could also be a good candidate if willing to learn municipal law.

 

What other positions might a new city need?

A newly incorporated Raywood would not automatically open a large city hall or create full police, fire, public-works, and administrative departments. The initial structure can be small, and one person may perform more than one compatible role when the law allows it. Some functions may be handled through part-time work or professional-service contracts.

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Municipal court and judge

A municipal court exists by operation of state law. The mayor is the ex officio judge unless an ordinance provides for an elected or appointed judge. The city will also need a lawful method for performing the court-clerk function.

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Municipal attorney

The governing body may appoint a municipal attorney. Retaining an attorney experienced in Texas municipal law—often by contract—is a strong practical priority for a new city.
 

Accountant, bookkeeper, or financial adviser

The city must adopt and follow an annual budget and maintain accurate public financial records. A small city may use contracted or part-time assistance rather than create a department.

City administrator or additional administrative staff

Chapter 24 allows the governing body to appoint other officers it considers necessary and define their duties. A separate administrator is not required at incorporation.

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Engineer, planner, building official, or code-enforcement function

These functions become relevant if the city undertakes projects or adopts development, building, health, or nuisance regulations. They can often begin as contracted professional services. |

Police officers or a police department

Type C law says the governing body *may* appoint the police officers it considers necessary. Incorporation does not automatically create a police department.

Fire, emergency, public works, roads, water, or sewer operations

The city would decide what it can lawfully and affordably provide, what existing providers continue to handle, and what might be addressed through contracts or interlocal agreements. Those choices require separate legal, financial, and operational planning. |