Any elected Town official, whether elected to office by qualified voters or appointed by the Town Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetence, misconduct, or malfeasance in office.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Before the question of recall of such officer shall be submitted to the qualified voters of the Town, a petition demanding such question to be so submitted shall first be filed with the person performing duties of Town Secretary, which said petition must be signed by twenty-five percent (25%) of the number of votes cast for the place or position held by that member of the Town Council in the last general municipal election, for that place or position. Each signer of such recall petition shall be a qualified voter and personally sign his or her name thereto in ink or indelible pencil. For a petition signature to be valid it must comply with the requirements for a valid signature set forth in Chapter 277 of the Texas Election Code, as amended.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The recall petition mentioned above must be addressed to the Town Council of the Town, must be distinctly and specifically pointed to the grounds upon which such petition for removal is predicated, and, if there be more than one (1) ground, said petition shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which the officer is charged. The petition shall contain in addition to the signature, the signer’s printed name, the signer’s date of birth or voter’s registration number, the signer’s residence address and the date of signing. The petition shall be verified by oath in the following form:
“State of Texas”
County of __________
I, __________, being first duly sworn, on oath depose and say that I am one of the signers of the above petition, and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person it purports to be.
___________________________
Signature
Sworn and subscribed before me this _____ day of __________, 20_____.
Signed _____________________
Notary Public in and for the State of Texas
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The petition may consist of one (1) or more copies, or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition, or upon other paper attached thereto. Verifications provided for in Section 6.03 of this Article may be made by one (1) or more petitioners, and the several parts of copies of the petition may be filed separately and by different persons, but no signatures to such petition shall remain effective or be counted which were placed thereon more than ninety (90) days, or such other length of time as may be allowed by the Texas Election Code, prior to the filing of such petition or petitions with the person performing the duties of Town Secretary. All papers comprising a recall petition shall be filed with the person performing the duties of Town Secretary on the same day, and the said person performing the duties of Town Secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to the officer’s Town address.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of Town Secretary shall verify the number of valid signatures and present such petition to the Town Council of the Town.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The officer whose removal is sought may, within seven (7) days after such recall petition has been presented to the Town Council, request that a public hearing be held to permit him or her to present the facts pertinent to the charges specified in the recall petition. In this event, the Town Council shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
If the officer whose removal is sought does not resign, then the Town Council shall order an election and set the date for holding such recall election. Texas Election Code Section 41.001(a) shall not apply to the recall election and the Town Council shall order the election to occur, within ninety (90) days of the date of the election is ordered, except that if a uniform election date falls within this time period, and there is time to comply with notice requirements, the uniform election date shall be used. If after the recall election date is established, the officer vacates his or her position, the election shall be cancelled.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Ballots used at recall elections shall conform to the following requirements:
(A) 
With respect to each person whose removal is sought, the question shall be submitted: “Shall __________ be removed from the office of __________ by recall?”
(B) 
Immediately below each such question there shall be printed the following words, one above the other, in the order indicated:
“FOR the Removal of __________ (name of person)”
“AGAINST the Removal of __________ (name of person)”
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
If a majority of the votes cast at a recall election shall be “No”, that is against the recall of the officer named on the ballot, the officer shall continue in office for the remainder of his or her unexpired term, subject to recall as before. If a majority of the votes cast at such election be “Yes”, that is for the recall of the officer named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy be filled by the Town Council as provided in this Charter.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
No recall petition shall be filed against any officer of the Town within three (3) months after the officer’s election, nor within three (3) months after an election for such officer’s recall.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
In case that all the requirements of this Charter shall have been met and the Town Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed on the Town Council by the provisions of this Charter with reference to such recall, then any citizen may file a writ of mandamus to force the Town to hold a recall election.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The qualified voters of the Town, in addition to the method of legislation herein before provided, shall have the power of direct legislation by the initiative and referendum.
(A) 
Initiative: Such power shall not extend to the budget or capital program or any ordinance not subject to initiative as provided by state law, including those related to appropriation of money, issuing of bonds, levy of taxes, or salaries of Town officers or employees.
(B) 
Referendum: Such power shall not extend to the budget or capital program or any emergency ordinance or ordinance not subject to referendum as provided by state law, including to appropriation of money, issuing of bonds, or levy of taxes.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Following a review by the Town Attorney for enforceability and legality, qualified voters of the Town may initiate legislation by submitting a petition addressed to the Town Council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the Town. Said petition must be signed by a minimum of twenty-five percent (25%) of the number of votes cast at the last regular Town election, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in this Article, and shall be verified by oath in the manner and form provided for recall petitions in this Article. The petition may consist of one (1) or more copies as permitted for recall petitions. Such petition shall be filed with the person performing the duties of Town Secretary. Within twenty-one (21) days after the filing of such petition, the person performing the duties of Town Secretary shall present said petition and proposed ordinance or resolution to the Town Council.
Upon presentation to the Town Council, it shall become the duty of the Town Council, within two (2) regularly scheduled Town Council meetings after the receipt thereof, to pass and adopt such ordinance or resolution, without alteration as to meaning or effect, or to call a special election on a date allowed under the Texas Election Code, at which the qualified voters of the Town shall vote on the question of adopting or rejecting the proposed legislation. Any election order so issued shall comply fully with the Texas Election Code. Unless otherwise provided by law, any election for an initiative under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the Town Council.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Qualified voters of the Town may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money, authorizing the issuance of public securities or levying taxes, passed by the Town Council be submitted to the voters of the Town for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution, or within thirty (30) days after its publication. Said petition must be signed by twenty-five percent (25%) of the number of votes cast at the last regular Town election, and each copy of the petition shall have attached to it a copy of the proposed ordinance or resolution and shall be addressed, signed, and verified as required for recall petitions in this Article and shall be submitted to the person performing the duties of Town Secretary. Within twenty-one (21) days of the filing of such petition, the person performing the duties of Town Secretary shall present said petition to the Town Council. Thereupon the Town Council shall reconsider such ordinance or resolution at the next regular meeting of the Town Council. If the Town Council does not entirely repeal the same, shall submit it to popular vote as provided in Section 6.13 of this Charter. Pending the holding of such election, each ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof. Unless otherwise provided by law, any election for a referendum under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the Town Council.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town Council, upon its own motion and by the affirmative vote of a majority of the full membership of the Town Council, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, or resolution, or measure, in the same manner and with the same force and effect as provided in this Article for submission of petition, and may at its discretion call a special election for this purpose.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The ballots used when voting upon such proposed and referred ordinance, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words:
“For the Ordinance” or
“Against the Ordinance” or
“For the Resolution” or
“Against the Resolution”
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The person performing the duties of Town Secretary of the Town shall publish at least twice in the official newspaper of the Town the caption or a summary of the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election, and shall give such other notices and do such other things relative to such election as are required by law in municipal elections and by the ordinance or resolution calling said election.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon or at any time fixed therein, become effective as a law or as a mandatory order of the Town Council.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
If the provisions of two (2) or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
No ordinance or resolution which may have been passed by the Town Council upon a petition or adopted by popular vote under the provisions of this Article shall be repealed or amended except by the Town Council in response to a referendum petition or by submission as provided by Section 6.15 of this Charter.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article consistent herewith.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
In case that all of the requirements of this Charter shall have been met and the Town Council shall fail or refuse to receive the initiative or referendum petition, or order such initiative or referendum election, or discharge any other duties imposed on the Town Council by the provisions of this Charter with reference to such initiative or referendum, then any citizen may file a writ of mandamus to force the Town to comply with this provision.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)