CHAPTER 9. HOME-RULE MUNICIPALITY
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE A. TYPES OF MUNICIPALITIES
CHAPTER 9. HOME-RULE MUNICIPALITY
Sec. 9.001. ADOPTION OR AMENDMENT OF HOME-RULE CHARTER. This
chapter applies to the adoption or amendment of a municipal
charter by a municipality authorized to do so by Article XI,
Section 5, of the Texas Constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 9.002. SELECTION OF CHARTER COMMISSION. (a) The governing
body of the municipality may, by an ordinance adopted by at least
a two-thirds vote of its membership, order an election by the
voters of the municipality on the question: "Shall a commission
be chosen to frame a new charter?" The governing body shall by
ordinance order the election if presented with a petition signed
by at least 10 percent of the qualified voters of the
municipality.
(b) The election ordinance shall provide for the election to be
held on the date of the municipality's next general election
scheduled after the 30th day but on or before the 90th day after
the date the ordinance is adopted. However, if no general
election is scheduled during that period that allows sufficient
time to comply with other requirements of law, the election shall
be ordered for the first authorized uniform election date
prescribed by the Election Code that allows sufficient time to
comply with other requirements of law and that occurs after the
30th day after the date the ordinance is adopted and published in
a newspaper published in the municipality.
(c) The ballot at the election on the question prescribed by
Subsection (a) shall also provide for the election from the
municipality at large of a charter commission to draft a charter
if a majority of the qualified voters voting on the question of
choosing a charter commission approve the question. The
commission must consist of at least 15 members, but if it has
more than 15 members it may not have more than one member for
each 3,000 inhabitants of the municipality. The ballot may not
contain any party designation.
(d) The provisions of Subsections (a), (b), and (c) regarding
the selection of a charter commission do not apply to the first
charter election in a municipality if:
(1)(A) the governing body of the municipality selects a charter
commission;
(B) a charter commission is selected at a mass meeting; or
(C) the mayor of the municipality appoints a charter commission;
and
(2) the charter commission has proceeded with the formation of a
charter for the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 9.003. VOTE ON CHARTER. (a) The charter prepared by the
charter commission shall be submitted to the qualified voters of
the municipality at an election to be held on the first
authorized uniform election date prescribed by the Election Code
that allows sufficient time to comply with other requirements of
law and that occurs on or after the 40th day after the date the
charter commission completes its work. The governing body of the
municipality shall provide for the submission of the charter at
the election to the extent that the provisions for submission are
not prescribed by general law.
(b) Before the 30th day before the date of the election, the
governing body of the municipality shall order the municipal
clerk or the municipal secretary to mail a copy of the proposed
charter to each registered voter of the municipality.
(c) The charter commission shall prepare the charter so that to
the extent practicable each subject may be voted on separately.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(b), eff. Aug. 28,
1989.
Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of a
municipality on its own motion may submit a proposed charter
amendment to the municipality's qualified voters for their
approval at an election. The governing body shall submit a
proposed charter amendment to the voters for their approval at an
election if the submission is supported by a petition signed by a
number of qualified voters of the municipality equal to at least
five percent of the number of qualified voters of the
municipality or 20,000, whichever number is the smaller.
(b) The ordinance ordering the election shall provide for the
election to be held on the first authorized uniform election date
prescribed by the Election Code or on the earlier of the date of
the next municipal general election or presidential general
election. The election date must allow sufficient time to comply
with other requirements of law and must occur on or after the
30th day after the date the ordinance is adopted.
(c) Notice of the election shall be published in a newspaper of
general circulation published in the municipality. The notice
must:
(1) include a substantial copy of the proposed amendment;
(2) include an estimate of the anticipated fiscal impact to the
municipality if the proposed amendment is approved at the
election; and
(3) be published on the same day in each of two successive
weeks, with the first publication occurring before the 14th day
before the date of the election.
(d) An amendment may not contain more than one subject.
(e) The ballot shall be prepared so that a voter may approve or
disapprove any one or more amendments without having to approve
or disapprove all of the amendments.
(f) The requirement imposed by Subsection (c)(2) does not waive
governmental immunity for any purpose and a person may not seek
injunctive relief or any other judicial remedy to enforce the
estimate of the anticipated fiscal impact on the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1219, Sec. 5, eff. June 20,
1997; Acts 1997, 75th Leg., ch. 1349, Sec. 76, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
414, Sec. 1, eff. September 1, 2007.
Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT. (a) A proposed
charter for a municipality or a proposed amendment to a
municipality's charter is adopted if it is approved by a majority
of the qualified voters of the municipality who vote at an
election held for that purpose.
(b) A charter or an amendment does not take effect until the
governing body of the municipality enters an order in the records
of the municipality declaring that the charter or amendment is
adopted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 9.006. CONCURRENT ELECTIONS. This chapter does not prevent
the voters at an election to adopt a charter or an amendment to a
charter from electing at the same election persons to hold office
under the charter or amendment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 9.007. CERTIFICATION OF CHARTER OR AMENDMENT. (a) As soon
as practicable after a municipality adopts a charter or charter
amendment, the mayor or chief executive officer of the
municipality shall certify to the secretary of state an
authenticated copy of the charter or amendment under the
municipality's seal showing the approval by the voters of the
municipality.
(b) The secretary of state shall file and record the
certification in his office in a book kept for that purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 9.008. REGISTRATION OF CHARTER OR AMENDMENT; EFFECT. (a)
The secretary or other officer of a municipality performing
functions similar to those of a secretary shall record in the
secretary's or other officer's office a charter or charter
amendment adopted by the voters of the municipality. If a charter
or amendment is not recorded on microfilm, as may be permitted
under another law, it shall be recorded in a book kept for that
purpose.
(b) Recorded charters or amendments are public acts. Courts
shall take judicial notice of them, and no proof is required of
their provisions.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.