LOCAL GOVERNMENT CODE
CHAPTER 9. HOME-RULE MUNICIPALITY
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 87(b), eff. Aug. 28, 1989.
§ 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; and
(2) 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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 1219, § 5, eff. June 20, 1997; Acts
1997, 75th Leg., ch. 1349, § 76, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
