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Texas State Laws Applicable to Lowry Crossing, TX

April 2026 (Current through 89th Legislature, 2nd Called Session, 2025) 52 sections
This is the full ordinance text sourced from public records, written in plain language for easy reading. This site is independent and not affiliated with the city government.

Texas State Laws Applicable to Lowry Crossing, TX

> Relevance: Lowry Crossing is a Type A general law municipality in Texas. Unlike home-rule cities, general law cities derive ALL their powers from the Texas Legislature through statutes. Every city ordinance must be consistent with state law.

> Last Updated: April 2026 (Current through 89th Legislature, 2nd Called Session, 2025)

1. City Classification — Type A General Law Municipality

Governing Law: Texas Local Government Code, Title 2, Chapters 5–9, 22

Lowry Crossing is classified as a Type A general law municipality. This classification determines the city's governmental structure, powers, and limitations.

What "Type A General Law" Means:

  • Population: Type A is for cities with 600 or more inhabitants (Lowry Crossing had ~1,710 as of 2020 Census)
  • Powers: Limited to those expressly granted or necessarily implied by state statute (unlike home-rule cities which have broad self-governing authority)
  • Conversion: Lowry Crossing changed from Type B to Type A via Ordinance No. 53 (1991)
  • Home Rule Option: Cities over 5,000 population may adopt a home-rule charter; Lowry Crossing has not reached this threshold

Basic Ordinance-Making Power:

Texas Local Government Code § 51.012 — A Type A general law city "may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality."

Key Limitation: Any city ordinance that conflicts with state law is void. State law preempts local regulation in many areas.

2. Mayor and City Council — Powers and Duties

Governing Law: Texas Local Government Code, Chapter 22 (Aldermanic Form of Government for Type A)

Mayor (Type A General Law):

  • Chief Executive Officer of the municipality (LGC § 22.042)
  • Presides at all meetings of the governing body
  • Votes only to break a tie on the governing body (unless the city charter or ordinance provides otherwise)
  • Signs all ordinances and resolutions passed by the council
  • Emergency authority as Emergency Management Director (per local ordinance Art. 1.04, implementing Texas Government Code Chapter 418)
  • Judicial functions: May administer oaths and take affidavits

City Council (Board of Aldermen):

  • Five aldermen elected by the qualified voters of the city
  • Legislative body — adopts ordinances, sets tax rates, approves budgets
  • Appointment power — appoints city officers (secretary, treasurer, marshal, etc.)
  • May require municipal officers to perform specific duties (LGC § 1.025)
  • Quorum: A majority of the governing body constitutes a quorum for transaction of official business

Term of Office:

  • Mayor and aldermen serve two-year terms (LGC § 22.032)
  • Elections held on the uniform election date in May of odd-numbered years (or as otherwise provided)

Compensation:

  • LGC § 141.001–141.004: Officers of Type A general law municipalities receive compensation as set by ordinance
  • Council members may receive per-diem compensation for meetings attended

3. Texas Property Tax Code

Governing Law: Texas Tax Code, Title 1 (Property Tax Code), Chapters 1–43

Key Reference: https://statutes.capitol.texas.gov/?link=TX

Homestead Exemptions (As of 2025 Tax Year):

General Residence Homestead Exemption:
  • School District: $140,000 exemption (increased from $100,000 by Proposition 13, November 2025)
  • County/City/Special District: Optional; each entity may offer up to 20% of appraised value (minimum $5,000)
  • Lowry Crossing City Exemption: The city has adopted a 20% homestead exemption with a $5,000 minimum (per city ordinance)
Over-65 / Disabled Person Additional Exemption:
  • School District: Additional $60,000 (increased from $10,000 by Proposition 11, November 2025)
  • Combined school exemption for 65+/disabled: $200,000 ($140,000 general + $60,000 additional)
  • County/City: Additional $10,000 exemption mandated by state law (Tax Code § 11.13(d))
  • Lowry Crossing: Has adopted the additional Over-65/Disabled exemption per city ordinance (see Ch. 11 Taxation)
Tax Freeze for Over-65 / Disabled:
  • School district taxes are frozen at the amount paid the year the homestead exemption was first received
  • City/County: May adopt a tax ceiling (freeze) for Over-65/Disabled homeowners
  • Lowry Crossing: Has adopted a property tax freeze for residents 65 and over and disabled persons (Ord. No. 271, adopted May 2014)
  • The frozen amount does not increase even if the property's appraised value or the tax rate increases
  • The ceiling transfers to a surviving spouse aged 55+ who inherits the homestead
Disabled Veteran Exemptions:

| Disability Rating | Exemption Amount |

|---|---|

| 10%–29% | $5,000 |

| 30%–49% | $7,500 |

| 50%–69% | $10,000 |

| 70%–99% | $12,000 |

| 100% | Total (100%) exemption on residence homestead |

Surviving spouses of veterans who died in service or from service-connected disability may qualify for full exemption.

Homestead Cap (Tax Code § 23.23):
  • Appraised value of a homestead cannot increase by more than 10% per year from the previous year's appraised value (plus value of new improvements)
  • This cap applies regardless of actual market value increases
  • The cap begins the year after the homestead exemption is granted

Application Process:

  • File with Collin County Appraisal District (Collin CAD)
  • Deadline: Before May 1 of the tax year
  • Late filing accepted up to 2 years after the delinquency date
  • Existing homestead exemptions automatically receive any increases — no re-filing needed

Property Tax Rate Setting:

  • Tax Code Chapter 26 governs the process for setting tax rates
  • Cities must calculate the no-new-revenue tax rate and the voter-approval tax rate
  • If the adopted rate exceeds the voter-approval rate, an automatic election is required
  • Public hearings are required before rate adoption
  • Truth-in-taxation provisions require transparency in rate-setting

Delinquent Taxes:

  • Penalty: 6% on February 1, increasing 1% per month to maximum 12% on July 1
  • Interest: 1% per month beginning February 1
  • Attorney fees: Additional 15%–20% penalty after July 1 if referred to attorney
  • These are mandated by state law and reflected in Lowry Crossing's ordinances (Ch. 11, Art. 11.103)

4. Texas Open Meetings Act (TOMA)

Governing Law: Texas Government Code, Chapter 551

Key Reference: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.551.htm

TML Guide: https://www.tml.org/DocumentCenter/View/5565/Texas-Open-Meetings-Act-Made-Easy-2025

The Texas Open Meetings Act applies to all Lowry Crossing City Council meetings, board meetings, and committee meetings.

Core Requirements:

Notice:
  • Written notice must be posted at least 72 hours (3 business days) before any meeting
  • Notice must be posted in a place readily accessible to the general public at all times
  • Notice must include: date, time, place, and specific agenda items
  • The agenda must be specific enough to alert the public to topics of discussion
  • Emergency meetings: Minimum 2-hour notice for urgent public necessity, with emergency clearly identified
  • TOMA does not require newspaper publication of meeting notices
Open Meeting Requirements:
  • All meetings where a quorum is present and public business is discussed must be open to the public
  • A quorum is a majority of the governing body members (for Lowry Crossing: 3 of 5 aldermen, or mayor + 2 if participating)
  • No action may be taken on any matter not listed on the posted agenda
  • Public has the right to attend and observe all open portions of meetings
  • Video conference attendance is permitted: presiding officer must be physically present; public must be able to see and hear remote participants
Closed (Executive) Sessions — Permitted Topics:
  • Consultation with attorney regarding pending or contemplated litigation
  • Real property acquisition, exchange, lease, or value discussions
  • Personnel matters — deliberation on appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of specific officers/employees
  • Security personnel or device deployment
  • Economic development negotiations (Government Code § 551.087)
  • Legal advice from the city attorney on pending matters
Prohibited in Closed Session:
  • Voting or taking final action (must return to open session)
  • Discussion of topics not authorized for executive session
  • Discussion of general operational matters affecting a class of employees
Recording and Minutes:
  • Certified agenda or recording required for all closed sessions
  • Minutes must be kept of all open meetings
  • Minutes must state the subject and indicate each vote taken
  • Minutes must be available for public inspection

Training Requirement:

  • All elected and appointed officials must complete Open Meetings Act training within 90 days of taking office
  • Training covers: legal requirements, quorum procedures, notice requirements, open/closed meeting procedures, and penalties
  • The Texas Attorney General provides an official training video
  • Completion certificates must be maintained and available for public inspection

Penalties for Violation:

  • Criminal: Misdemeanor offense; fine up to $500, jail up to 6 months, or both
  • Civil: Actions taken in violation of TOMA are voidable
  • Injunctive relief: Any citizen may seek a court order to stop or prevent violations
  • Attorney General enforcement: The AG can investigate and prosecute violations

5. Texas Public Information Act (TPIA)

Governing Law: Texas Government Code, Chapter 552

Key Reference: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

Key Provisions:

  • All government information is presumed public unless specifically excepted
  • Any person may request public records from the City of Lowry Crossing
  • The city must respond within 10 business days of receiving a request
  • If the city believes information is excepted from disclosure, it must request an Attorney General ruling within 10 business days
  • Charges: The city may charge for copies and staff time per the Attorney General's cost schedule

Common Exceptions (Information That May Be Withheld):

  • Attorney-client privileged communications
  • Personnel records (certain portions)
  • Law enforcement investigation records (while case is active)
  • Private citizens' personal information (SSN, home addresses of certain officials)
  • Trade secrets and proprietary commercial information

Training:

  • Public Information Act officers must complete training within 90 days of appointment

6. Texas Local Government Code — Key Provisions

Zoning Authority (LGC Chapter 211):

  • Municipalities may regulate the use, height, number of stories, size, construction, repair, location, and occupancy of structures
  • Zoning regulations must be adopted in accordance with a comprehensive plan
  • Public hearing required before adoption of zoning regulations
  • Board of Adjustment must be established to hear variances and appeals
  • Zoning changes affecting property within 200 feet of a protesting owner require a 3/4 supermajority vote of the governing body
  • Lowry Crossing's Zoning Ordinance (Chapter 14) implements these state provisions

Subdivision Authority (LGC Chapter 212):

  • Municipalities have authority to regulate subdivisions within city limits and the ETJ
  • The city must approve plats before property can be sold or building permits issued
  • Municipal regulations apply within city limits; in the ETJ, the more stringent of city or county regulations applies

Annexation (LGC Chapter 43):

  • General law cities may annex territory through procedures specified in state law
  • Voluntary annexation: Property owners may petition for annexation
  • Involuntary annexation: Significant procedural requirements including notice, hearings, and service plans
  • Recent reforms (2019, SB 6) require consent of property owners for most annexations by cities under 500,000

Code Enforcement (LGC Chapter 54):

  • Municipalities may enforce ordinances through:
  • Criminal penalties (fines for Class C misdemeanors, up to $500; up to $2,000 for certain health/safety violations)
  • Civil penalties and injunctive relief
  • Administrative adjudication (for certain violations)
  • Each day a violation continues may constitute a separate offense

Eminent Domain (LGC Chapter 251):

  • Municipalities may exercise eminent domain for public purposes
  • Must follow procedures in Texas Property Code Chapter 21
  • Property owner entitled to adequate compensation

7. Texas Election Code

Governing Law: Texas Election Code

Key Reference: https://statutes.capitol.texas.gov/?link=EL

Applicable to Lowry Crossing:

  • Uniform Election Dates: May (odd years for regular city elections) and November
  • Candidate filing: Applications filed with city secretary during the designated filing period
  • Early voting: Required for all elections; early voting period prescribed by state law
  • Election administration: Collin County Elections Administrator conducts city elections
  • Campaign finance: Candidates must file reports per Texas Ethics Commission rules

8. Texas Health & Safety Code

Governing Law: Texas Health & Safety Code

Key Reference: https://statutes.capitol.texas.gov/?link=HS

Relevant Provisions:

  • Chapter 341 (Minimum Standards of Sanitation and Health Protection): Authorizes municipalities to adopt and enforce sanitation standards
  • Chapter 343 (Abatement of Public Nuisances): Authorizes municipalities to declare substandard structures as public nuisances and order abatement
  • Chapter 345 (Weeds, Brush, and Refuse): Cities may require property owners to cut weeds, remove brush, and clear refuse; city may abate and assess costs
  • Chapter 366 (On-Site Sewage Disposal): Regulates septic systems; county (not city) typically enforces
  • Chapter 382 (Clean Air Act): Outdoor burning regulations; municipalities may adopt additional restrictions

Lowry Crossing's Health and Sanitation ordinances (Chapter 6) and Offenses/Nuisances (Chapter 8) implement these state provisions locally.

9. Texas Water Code

Key Reference: https://statutes.capitol.texas.gov/?link=WA

Relevant to Lowry Crossing:

  • Floodplain management: Cities participating in the National Flood Insurance Program (NFIP) must adopt floodplain management ordinances meeting FEMA minimum standards
  • Lowry Crossing has adopted Flood Damage Prevention regulations (Chapter 3, Article 3.400) in compliance
  • Storm water management: Cities may regulate storm water drainage and impose drainage fees
  • Water utilities: Cities may own and operate water systems (Chapter 13 — Utilities)

10. Texas Alcoholic Beverage Code

Key Reference: https://statutes.capitol.texas.gov/?link=AL

Local Option Elections:

  • Whether a city or area is "wet" or "dry" for alcohol sales is determined by local option elections under the Alcoholic Beverage Code
  • Lowry Crossing has adopted regulations on alcoholic beverages (Chapter 4, Article 4.100) consistent with state law and local option election results
  • TABC licensing: All alcohol sales require permits/licenses from the Texas Alcoholic Beverage Commission

11. Texas Government Code — Ethics and Financial Disclosure

Conflicts of Interest (Chapter 171):

  • A local public official who has a substantial financial interest in a business entity or real property that will be affected by a vote must:
  • File an affidavit disclosing the interest
  • Abstain from voting on the matter
  • Violation is a Class A misdemeanor

Financial Disclosure (Chapter 145):

  • Officers of municipalities may be required to file annual financial statements
  • Requirements vary based on city population and type

12. Texas Penal Code — Municipal Enforcement

Municipal courts (including Lowry Crossing Municipal Court, Chapter 7) have jurisdiction over:

  • Class C misdemeanors — Fine-only offenses, maximum $500 fine
  • Certain violations designated as up to $2,000 for health, safety, zoning, fire safety, and building code violations
  • Traffic offenses within city limits

Municipal Court Authority:

  • Code of Criminal Procedure, Chapter 45 governs municipal court procedures
  • Municipal judges have magistrate authority
  • May issue arrest warrants and search warrants
  • May impose community service in lieu of fines for indigent defendants

13. Texas Tax Code — Sales Tax

Governing Law: Tax Code, Chapter 321

  • Texas state sales tax rate: 6.25%
  • Municipalities may adopt a local sales tax of up to 2%
  • Lowry Crossing has adopted a 1.5% local sales tax (see Ch. 11, Art. 11.200)
  • 1% general city sales tax
  • Additional 0.5% for property tax reduction
  • Combined rate for Lowry Crossing: 7.75%
  • Hotel Occupancy Tax: Cities may impose up to 7% on hotel rooms (Ch. 11, Art. 11.300)

14. Texas Transportation Code

Relevant to Lowry Crossing:

  • Speed limits: Default speed limits set by state law; cities may establish speed zones through traffic studies
  • Traffic control devices: Must comply with the Texas Manual on Uniform Traffic Control Devices (TMUTCD)
  • Vehicle regulations: State law governs vehicle registration, licensing, and inspection
  • Lowry Crossing's Traffic and Vehicles ordinances (Chapter 12) implement state transportation law locally

15. Emergency Management

Governing Law: Texas Government Code, Chapter 418 (Texas Disaster Act)

  • The Governor is the state's emergency management director
  • The Mayor of each city serves as the local emergency management director (by state law, implemented by Lowry Crossing Ord. Art. 1.04)
  • Cities may declare local disasters
  • A local disaster declaration:
  • Activates emergency response plans
  • Authorizes the use of emergency powers
  • Cannot continue for more than 7 days without governing body approval
  • May be renewed by the governing body

16. Building Codes — State Framework

Texas does not have a mandatory statewide building code for all municipalities. However:

  • Cities may adopt building codes by ordinance (LGC § 214.212)
  • Common adoptions include International Building Code (IBC), International Residential Code (IRC), International Fire Code (IFC), National Electrical Code (NEC)
  • Lowry Crossing has adopted:
  • 2021 International Building Code (with local amendments)
  • 2021 International Residential Code (with local amendments)
  • 2021 International Energy Conservation Code
  • National Electrical Code (2020)
  • International Plumbing Code (2021)
  • International Mechanical Code (2021)
  • International Fuel Gas Code (2021)
  • Windstorm building code requirements apply in designated catastrophe areas (primarily coastal); does not affect Lowry Crossing
  • Accessibility standards: Texas Accessibility Standards (TAS) apply to commercial and public buildings

Cross-Reference: State Law ↔ Lowry Crossing Ordinances

| State Law | Lowry Crossing Ordinance |

|---|---|

| LGC Ch. 22 (Type A government) | Ch. 1, Art. 1.02–1.03 (Administration, Officers) |

| Tax Code § 11.13 (Homestead exemptions) | Ch. 11, Art. 11.100 (Property Tax) |

| Tax Code Ch. 321 (Local sales tax) | Ch. 11, Art. 11.200 (Sales Tax) |

| Tax Code Ch. 351 (Hotel tax) | Ch. 11, Art. 11.300 (Hotel Tax) |

| Gov't Code Ch. 551 (Open Meetings) | All council meetings |

| Gov't Code Ch. 552 (Public Information) | All city records |

| Gov't Code Ch. 418 (Emergency mgmt) | Ch. 1, Art. 1.04 (Emergency Management) |

| LGC Ch. 211 (Zoning) | Ch. 14 (Zoning) |

| LGC Ch. 212 (Subdivisions) | Ch. 10 (Subdivision Regulation) |

| H&S Code Ch. 343 (Nuisances) | Ch. 8 (Offenses and Nuisances) |

| H&S Code Ch. 345 (Weeds/brush) | Ch. 8, Art. 8.200 (Nuisances) |

| Alcoholic Beverage Code | Ch. 4, Art. 4.100 (Alcoholic Beverages) |

| Transportation Code | Ch. 12 (Traffic and Vehicles) |

| LGC Ch. 54 (Code enforcement) | Throughout — penalty provisions |

| Water Code (Floodplain) | Ch. 3, Art. 3.400 (Flood Damage Prevention) |

This document summarizes Texas state laws most relevant to Lowry Crossing residents and the city's governance. For the complete text of any statute, visit https://statutes.capitol.texas.gov. The Texas Municipal League (TML) at https://www.tml.org provides additional guidance for Texas municipalities.