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Laws governing local ballot measures in Texas
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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.
- Constitution: Section 5 of Article 11, Texas Constitution
- Statute: Texas Local Government and Texas Election Code
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.
- 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.
See also
- Laws governing local ballot measures
- Laws governing ballot measures in Texas
- Local ballot measures, Texas
- Counties in Texas
Footnotes
- ↑ 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
- ↑ 2.0 2.1 2.2 Texas Statutes, "Government Code. Title 9.," accessed November 18, 2025
- ↑ 3.0 3.1 3.2 Texas Statutes, "Election Code. Title 16. Chapter 227. Petition Prescribed by Law Outside Code," accessed November 18, 2025
- ↑ Texas.gov, "Texas Constitution, Article 11, Sec. 5," accessed November 18, 2025
- ↑ Texas Statutes, "Local Government Code, Chapter 51," accessed November 18, 2025
- ↑ Texas Statutes, "Election Code. Title 1. Chapter 3. Ordering Election," accessed November 18, 2025
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