Laws governing local ballot measures in Texas

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

There are 352 charter cities in Texas that have an initiative process for local ballot measures.

This article sets out the laws governing local ballot measures in Texas. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 254 counties, 1,225 cities, towns, and villages, and 2,984 special districts.

School districts

A guide to local ballot initiatives

See also: School bond and tax elections in Texas

Texas is different from other states as they only do elections to issue new bonds or to raise taxes on current bonds. Texas is one of a few states that do not set caps on property tax levies. Texas is one of the least restrictive states in the nation on how school districts can place measures on the ballot.

Local recall rules

Recall of local elected officials in Texas is available only in political subdivisions that have their own charter, and only if their charter specifically authorizes recall of the local elected officials.

Texas has about 1,200 cities and 352 of those cities have their own charter. In the terminology of the state, these are known as the "home rule cities." To become a "home rule city" or a "charter city," the population of the city must be over 5,000 and its voters must have held an election to adopt a home rule charter. Over 90% of the state's home rule cities, or close to 320 of them, do include a local recall provision.

Because recall is defined individually only in specific local charters, and is not defined in state statutes or the Texas Constitution, the laws that govern the available procedures, such as how many signatures are required to force a recall election, can and do vary from jurisdiction to jurisdiction within the state.

For additional detail, see: Laws governing recall in Texas

Campaign Finance Rules

See also: Campaign finance requirements for Texas ballot measures

Initiative process availability

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

There is no statewide initiative process set for general law cities. As creatures of state statute, general law cities do not have authority to adopt initiative elections on their own.

Initiative is only available in charter cities. State statutes mandate an initiative process for citizens to propose charter amendments through petition. Charter cities also have authority to permit an initiative process for ordinances. The top 10 most populated cities in Texas all operate under a home rule charter. 9 of the 10 (all except Arlington) authorize initiative for ordinances.

Authority

Constitution

There are no explicit constitutional provisions for local initiative. However, TX Const. Article 11, Section 5 grants municipal home rule power to cities over 5,000 in population that adopt a charter.

See law: Texas Constitution, Article 11, Section 5

Statutes

TX Local Govt. Sec. 9.004 authorizes an initiative process for charter amendments.

See law: TX Local Govt. Sec. 9004

Initiative process features

Subject restrictions

Texas law prohibits any ballot measure or local ordinance governing the oil and gas industry, including bans or restrictions on fracking. The preamble to the law states it “expressly pre-empts regulation of oil and gas operations by municipalities and other political subdivisions.”

Charter cities

Charter amendment   The initiative process for amendments to city charters is governed by TX Local Govt. Chap. 9. TX Election Code Chapter 277 contains general provisions on petition signature validity. Charters may contain additional requirements. TX Local Govt. Sec. 9004TX Election Code Chap. 277 An amendment may not contain more than one subject (TX Local Govt. Sec. 9.004). A charter may not be amended more than once every two years (TX Const. Art. 11, Sec. 5). Petition form: TX Election Code Chap. 277 contains requirements on signature validity. Form and any pre-approval process is largely left to the city. Signature requirement: 5% of the number of qualified (registered) voters of the municipality or 20,000, whichever number is the smaller (TX Local Govt. Sec. 9.004). Circulation period: Unless otherwise shortened by the city, signatures are only valid for 180 days (TX Elec. Code Sec. 277.002). Election procedure: 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 (ordering the election) is adopted (TX Local Govt. Sec. 9.004). Majority required: Majority vote passes the initiated measure (TX Loc. Govt. Sec. 9.005).

Initiative in the top 10 most populated cities

The top 10 most populated cities in Texas are all governed under a home rule charter. Initiative is available for charter amendments. Nine of the 10 allow initiative for ordinances (Arlington has not authorized ordinance initiative). The provisions below come from the specific city charter or code. TX Election Code Chapter 277 contains general provisions on petition signature validity.

Individual city provisions   Houston: Population as of the July 2011 census update: 2,145,146. Houston is a charter city. Signature requirement is 15% of the total votes last cast for mayor at the mayoral election next preceding the filing of said petition. File petitions with the city secretary. The council shall either pass such ordinance or resolution without alteration, or submit it to the popular vote at a special election, which must be held within 30 days after the date of the ordering thereof; provided, however, that if any other municipal election is to be held within 60 days after the filing of the petition said proposed ordinance or resolution shall be submitted without alteration to be voted upon at such election. Houston Charter, Art. VII(b) San Antonio: Population as of the July 2011 census update: 1,359,758. San Antonio is a charter city. Signature requirement is 10% of the electors qualified to vote at the time of the last regular municipal election. Petition form requirements are in the San Antonio Charter, Art. IV, Sec. 36. File petitions with the city clerk. After certification, the council has 60 days to pass or submit at a special or regular municipal election not less than 30 nor more than 90 days from the date the council takes its final vote thereon. Charter specifies that cannot use initiative for ordinances appropriating money, levying a tax, granting a franchise, or fixing public utility rates; as well as ordinances zoning or rezoning property. San Antonio Charter, Art. IV, Sec. 34-44 Dallas: Population as of the July 2011 census update: 1,223,229. Dallas is a charter city. Signature requirement is 10% of the qualified voters of the city as appears from the latest available county voter registration list. A committee of at least five registered voters of the city must make application to the city secretary and file an intention to circulate a petition, giving the date and the proposed ordinance to be circulated. The petition must comply in form, content, and procedure with the provisions of Dallas Charter Chap. IV, Section 12. Petitions must be filed with the city secretary 60 days from initial application. After certification, the council has 20 days to pass the ordinance or promptly call a special election. Dallas Charter, Chap. XVIII, Sec. 11 to 14; Chap. IV, Sec. 12 Austin: Population as of the July 2011 census update: 820,611. Austin is a charter city. Signature requirement 5 percent of registered voters of the city or 20,000, whichever is less. Petition form requirements are in Austin Charter, Art. IV, Sec. 3. File petitions with the city clerk. After certification, the council has 10 days to pass or submit without amendment to a vote of the qualified voters of the city at a regular or special election to be held on the next allowable election date authorized by state law after the certification to the council. Charter specifies that cannot use initiative for ordinances appropriating money or authorizing the levy of taxes. Austin Charter, Art. IV Fort Worth: Population as of the July 2011 census update: 758,738. Fort Worth is a charter city. Signature requirement is 20% of the total number of registered voters as shown by the registration books. Petition form requirements are in Fort Worth Charter, Art. XX, Sec. 2, including listing 5 registered voters as petitioners committee. File petitions with city secretary. After certification, the council has 30 days to pass the ordinance or submit at the next election occurring in the city; provided, that the city council shall, if in their judgment the public interests demand it, order an election to be held at an earlier date to be fixed by the council. Fort Worth Charter, Art. XX El Paso: Population as of the July 2011 census update: 665,568. El Paso is a charter city. El Paso has a two-step process to place an initiated ordinance on the ballot. To have an ordinance considered by the city council requires a petition with signatures of 5% of the voters who voted in the last general city election. File petitions with the city clerk. The council must consider the proposal within 30 days. If the ordinance is not enacted, or is enacted in amended form, then a second petition with signatures of 5% of voters who voted in last general city election may again be filed with the clerk, at which point the reproposed ordinance shall be placed on the ballot at the next general election specified in state law. El Paso Charter, Art. 3, Sec. 3.11 Arlington: Population as of the July, 2011 census update: 373,698. Neither the Arlington charter nor city code contains provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law (Provided above). Arlington Charter Corpus Christi: Population as of the July 2011 census update: 307,953. Corpus Christi is a charter city. Corpus Christi has a two-step process to place an initiated ordinance on the ballot. Any 50 registered voters may commence initiative proceedings by filing with the city secretary a statement that they intend to circulate petitions calling for an initiative. Required content is detailed in the charter, Art. 1, Sec. 4. The council considers the proposal at this stage. If the council fails to adopt the proposed ordinance in 45 days, the secretary furnishes petitions for circulation. Petitions must then be signed by 5% of the registered voters of the city. After certification, if the council has not adopted the ordinance, the council shall submit the ordinance at the next regular city council elections. Charter specifies that initiative shall not extend to specific items contained in the operating or capital budgets of the city, contracts, appropriations already made, the levy of taxes or the individual salaries of city officials or employees. Corpus Christi Charter, Art. I, Sec. 4 Plano: Population as of the July 2011 census update: 269,776. Plano is a charter city. Signature requirement is 20% of the number of votes cast at the last regular municipal election of the city, or 150, whichever is greater. Petition form requirements are detailed in the charter, Art. 7, Sec. 7.02. File petitions with city secretary. After certification, the council has 10 days to adopt or call a special election in accordance with the Election Code. Plano Charter, Art. 7 Laredo:Population as of the July 2011 census update: 241,935. Laredo is a charter city. Signature requirement is 10% of the electors qualified to vote at the time of the last regular municipal election. Petition form requirements are detailed in the charter, Art. XI, Sec. 11.11. File petitions with city secretary. After certification, the council has 60 days to adopt or shall be submitted to the electors at the next special or regular municipal election. Laredo Charter, Art. 11, Sec. 11.09-11.19

External links

• Research document of Texas local I&R laws
• Texas Municipal League