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Laws governing local ballot measures in Texas: Difference between revisions

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{{Local ballot law vnt}}{{tnr}}There are 352 charter cities in Texas that have an [[initiative]] process for local ballot measures.
{{Local ballot law vnt}}This page describes the state constitutional provisions and statutes that govern local ballot measures in Texas. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.


This article sets out the '''laws governing <u>local</u> ballot measures in Texas'''. It explains:
Explore the links below for more information:
* Laws addressing local ballot measure powers in Texas
* General requirements for local ballot measures
* Rules for citizen-initiated local ballot measures
* Rules for referred local ballot measures


* Which local units of government make the initiative process available to residents.
==Law==
* How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
The [[Texas Constitution]] and Texas Local Government Code establish the rules that govern local ballot measures in the state.
* An overview of [[laws governing recall in Texas|laws governing local recall elections]].
* Constitution: [[Article_11,_Texas_Constitution#Section_5|Section 5 of Article 11, Texas Constitution]]
* Statute: [https://statutes.capitol.texas.gov/Docs/LG/htm/LG.9.htm Texas Local Government] and [https://statutes.capitol.texas.gov/Docs/EL/htm/EL.1.htm Texas Election Code]


==Types of local government==
==General==
The following outlines the general rules that govern local ballot measures in Texas, including both citizen-initiated measures and referred measures from local government bodies.
* '''Election timing''': In Texas, ballot measure elections for charter drafting by a commission are required to appear at the city's next general election scheduled between 30 and 90 days after the ordinance calling for the charter question is passed. If no general election is scheduled during that period of days, the election would then be scheduled for the first uniform election date prescribed by the Election Code, 30 days after the ordinance was passed and published in the city's newspaper. Ballot measure elections to vote on the drafted charter must appear on the first authorized uniform election date, 40 days after the commission completes the charter.<ref name=localcode>[https://statutes.capitol.texas.gov/Docs/LG/htm/LG.9.htm ''Texas Statutes'', "Local Government Code. Title 2. Subtitle A. Chapter 9. Home Rule Municipality," accessed November 18, 2025]</ref>
* '''Vote requirements''': A simple majority vote is required to pass all local ballot measures.<ref name=localcode/>
* '''Required ballot measures''': State law requires voter approval for a municipality, county, school district, or special taxing district to issue bonds that will be repaid from ad valorem taxes.<ref name=govcode>[https://statutes.capitol.texas.gov/Docs/GV/htm/GV.1251.htm#1251 ''Texas Statutes'', "Government Code. Title 9.," accessed November 18, 2025]</ref>
* '''Separate vote requirement''': For proposed city charters, state law requires the charter commission to prepare the charter so that each subject may be voted on separately.<ref name=localcode/>
* '''Number on the ballot''': There is no limit on the number of ballot questions that can appear on local ballots; however, a political subdivision cannot propose a ballot question related to the same subject or containing provisions that are in conflict with a petition-initiated measure if the referral is not proposed 180 days before the political subdivision's secretary receives the petition.<ref name=electioncode>[https://statutes.capitol.texas.gov/Docs/EL/htm/EL.277.htm#277.002 ''Texas Statutes'', "Election Code. Title 16. Chapter 227. Petition Prescribed by Law Outside Code," accessed November 18, 2025]</ref>
* '''Climate charter adoption or amendment''': State law prohibits a city from voting on a climate charter or amendment unless the legislature adopts a resolution approving the proposed charter or amendment. A climate charter is defined as "a comprehensive rule or policy statement that purports to address climate change or the municipality's environmental impact, including water and energy use and air pollution."<ref name=localcode/>
* '''Charter amendments''': The state constitution prohibits any city charter from being amended or repealed more than every two years.<ref>[https://statutes.capitol.texas.gov/docs/cn/htm/cn.11.htm ''Texas.gov'', "Texas Constitution, Article 11, Sec. 5," accessed November 18, 2025]</ref>


{{Texastypeslocalgovt}}
==Initiatives==
The following outlines additional rules that govern local citizen-initiated ballot measures in Texas.
* '''Authority''': Texas Local Government Code authorizes citizens to initiate questions seeking the formation of charter commissions or charter amendments and nonbinding advisory questions. If authorized by the city's charter, citizens may also initiate veto referendums and ballot questions to propose ordinances not in conflict with the charter, state law, or state constitution, and that do not appropriate money or levy taxes.<ref name=localcode/><ref>[https://statutes.capitol.texas.gov/Docs/LG/htm/LG.51.htm ''Texas Statutes'', "Local Government Code, Chapter 51," accessed November 18, 2025]</ref>
* '''Signatures''': The number of signatures varies depending on the type of measure.
** Initiated measure calling for the drafting of a charter: 10% of the qualified voters of the city<ref name=localcode/>
** Initiated charter amendments or advisory questions: 5% of the qualified voters of the city or 20,000 signatures, whichever is less<ref name=localcode/>
** Initiated ordinances: Number varies by city charter.<ref name=electioncode/>
* '''Deadlines''': There are no specific signature deadlines in state law regarding local initiatives; however, a petition signature signed 180 days before the petition is filed is invalid.<ref name=electioncode/>


==School districts==
==Referrals==
{{Local I&R book nav}}
The following outlines additional rules that govern local referred ballot measures in Texas.
:: ''See also: [[School bond and tax elections in Texas]]''
* '''Vote requirements''': A two-thirds supermajority vote is required by the governing board of a municipality to place a question on the ballot for voters to decide whether to adopt a charter. A simple majority vote is required for charter amendments and bond elections to be called.<ref name=localcode/><ref name=govcode/>
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.
* '''Deadlines''': State law requires bond elections to be held between 15 and 90 days from the date of the election order on an authorized uniform election date and charter amendment elections to be held 30 days after the election order is adopted on the first authorized uniform election date or on the next municipal general election or presidential general election, whichever is earlier.<ref name=govcode/><ref name=localcode/>
* '''Bond measure election requirements''': The Texas Election Code authorizes political subdivisions in the state to issue public debt in the form of bonds payable from ad valorem taxes. The order for the election must include the principal amount, the purpose for the debt, the estimated tax rate, the aggregate amount of outstanding debt held by the political subdivision, and the existing ad valorem tax rate levied to repay existing debt.<ref>[https://statutes.capitol.texas.gov/Docs/EL/htm/EL.3.htm ''Texas Statutes'', "Election Code. Title 1. Chapter 3. Ordering Election," accessed November 18, 2025]</ref>


==Local recall rules==
==Laws governing local ballot measures in the U.S.==
'''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.  
{{LawsLBMsMapNav}}


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.<ref>Scott Houston, general counsel of the Texas Municipal League, stated in an email to Leslie Graves, Ballotpedia's editor, on January 21, 2011 that 90% of the state's home rule cities include recall provisions in their charters.</ref>
==See also==
 
* [[Laws governing local ballot measures]]
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.
* [[Laws governing ballot measures in Texas]]
 
* [[Local ballot measures, Texas]]
:: ''For additional detail, see: [[Laws governing recall in Texas]]''
* [[Counties in Texas]]
 
==Campaign Finance Rules==
:: ''See also: [[Campaign finance requirements for Texas ballot measures]]''
 
==Initiative process availability==
{{Local I&R map 50 states}}
{{TexaslocalI&Ravailability}}
 
==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.
 
[[File:DocumentIcon.jpg|link=Ballot Measure Law]] <span style="color:#404040">'''''See law:''' [[Article 11, Texas Constitution#Section 5|Texas Constitution, Article 11, Section 5]]''</span>
 
===Statutes===
TX Local Govt. Sec. 9.004 authorizes an initiative process for charter amendments.
 
[[File:DocumentIcon.jpg|link=Ballot Measure Law]] <span style="color:#404040">'''''See law:''' [http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.9.htm TX Local Govt. Sec. 9004]''</span>
 
==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.”<ref>[http://www.austinmonitor.com/stories/2015/03/house-bill-restrict-local-voter-initiatives/ ''Austin Monitor'', "House bill could restrict local voter initiatives," March 12, 2015]</ref>
 
===Charter cities===
{| style="width:60%; background:#FFFDD0; margin-top:.1em; border:.5px solid #cccccc; solid;"
|color:#000"|
|{{Collapsible list
  |framestyle = border:none; padding:0; text-align:left;
  |title=Charter amendment
  |<hr>
 
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.
 
[[File:DocumentIcon.jpg|link=Ballot Measure Law]] ''[http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.9.htm TX Local Govt. Sec. 9004][http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.277.htm TX 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).
}}
|}<br>
 
==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.
 
{{TXtop10citiesI&R}}
 
==External links==
*[https://docs.google.com/a/ballotpedia.org/document/d/1tUOVRq8tXqCKfgrqmpPY9CD_g-5DdZpJG1poouVwDQA/edit Research document of Texas local I&R laws]
*[http://www.tml.org/ Texas Municipal League]


==Footnotes==
==Footnotes==
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{{laws governing ballot measures}}
{{laws governing ballot measures}}
{{local ballot measures}}
{{local ballot measures}}
[[Category:Laws governing local ballot measures]]
 
[[Category:Ballot measure law, Texas]]
[[Category:Ballot measure law, Texas]]
[[Category:Laws_governing_local_ballot_measures]]
[[Category:Laws_governing_local_ballot_measures]]

Latest revision as of 16:37, 16 December 2025


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This page describes the state constitutional provisions and statutes that govern local ballot measures in Texas. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

  • Laws addressing local ballot measure powers in Texas
  • General requirements for local ballot measures
  • Rules for citizen-initiated local ballot measures
  • Rules for referred local ballot measures

Law

The Texas Constitution and Texas Local Government Code establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Texas, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing: In Texas, ballot measure elections for charter drafting by a commission are required to appear at the city's next general election scheduled between 30 and 90 days after the ordinance calling for the charter question is passed. If no general election is scheduled during that period of days, the election would then be scheduled for the first uniform election date prescribed by the Election Code, 30 days after the ordinance was passed and published in the city's newspaper. Ballot measure elections to vote on the drafted charter must appear on the first authorized uniform election date, 40 days after the commission completes the charter.[1]
  • Vote requirements: A simple majority vote is required to pass all local ballot measures.[1]
  • Required ballot measures: State law requires voter approval for a municipality, county, school district, or special taxing district to issue bonds that will be repaid from ad valorem taxes.[2]
  • Separate vote requirement: For proposed city charters, state law requires the charter commission to prepare the charter so that each subject may be voted on separately.[1]
  • Number on the ballot: There is no limit on the number of ballot questions that can appear on local ballots; however, a political subdivision cannot propose a ballot question related to the same subject or containing provisions that are in conflict with a petition-initiated measure if the referral is not proposed 180 days before the political subdivision's secretary receives the petition.[3]
  • Climate charter adoption or amendment: State law prohibits a city from voting on a climate charter or amendment unless the legislature adopts a resolution approving the proposed charter or amendment. A climate charter is defined as "a comprehensive rule or policy statement that purports to address climate change or the municipality's environmental impact, including water and energy use and air pollution."[1]
  • Charter amendments: The state constitution prohibits any city charter from being amended or repealed more than every two years.[4]

Initiatives

The following outlines additional rules that govern local citizen-initiated ballot measures in Texas.

  • Authority: Texas Local Government Code authorizes citizens to initiate questions seeking the formation of charter commissions or charter amendments and nonbinding advisory questions. If authorized by the city's charter, citizens may also initiate veto referendums and ballot questions to propose ordinances not in conflict with the charter, state law, or state constitution, and that do not appropriate money or levy taxes.[1][5]
  • Signatures: The number of signatures varies depending on the type of measure.
    • Initiated measure calling for the drafting of a charter: 10% of the qualified voters of the city[1]
    • Initiated charter amendments or advisory questions: 5% of the qualified voters of the city or 20,000 signatures, whichever is less[1]
    • Initiated ordinances: Number varies by city charter.[3]
  • Deadlines: There are no specific signature deadlines in state law regarding local initiatives; however, a petition signature signed 180 days before the petition is filed is invalid.[3]

Referrals

The following outlines additional rules that govern local referred ballot measures in Texas.

  • Vote requirements: A two-thirds supermajority vote is required by the governing board of a municipality to place a question on the ballot for voters to decide whether to adopt a charter. A simple majority vote is required for charter amendments and bond elections to be called.[1][2]
  • Deadlines: State law requires bond elections to be held between 15 and 90 days from the date of the election order on an authorized uniform election date and charter amendment elections to be held 30 days after the election order is adopted on the first authorized uniform election date or on the next municipal general election or presidential general election, whichever is earlier.[2][1]
  • Bond measure election requirements: The Texas Election Code authorizes political subdivisions in the state to issue public debt in the form of bonds payable from ad valorem taxes. The order for the election must include the principal amount, the purpose for the debt, the estimated tax rate, the aggregate amount of outstanding debt held by the political subdivision, and the existing ad valorem tax rate levied to repay existing debt.[6]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Texas Statutes, "Local Government Code. Title 2. Subtitle A. Chapter 9. Home Rule Municipality," accessed November 18, 2025
  2. ↑ 2.0 2.1 2.2 Texas Statutes, "Government Code. Title 9.," accessed November 18, 2025
  3. ↑ 3.0 3.1 3.2 Texas Statutes, "Election Code. Title 16. Chapter 227. Petition Prescribed by Law Outside Code," accessed November 18, 2025
  4. ↑ Texas.gov, "Texas Constitution, Article 11, Sec. 5," accessed November 18, 2025
  5. ↑ Texas Statutes, "Local Government Code, Chapter 51," accessed November 18, 2025
  6. ↑ Texas Statutes, "Election Code. Title 1. Chapter 3. Ordering Election," accessed November 18, 2025
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