The powers of initiative and referendum are hereby reserved
to the electors of the city. The provisions of the election law of
the State of Texas, as they currently exist or may hereafter be amended
or superseded, shall govern the exercise of the powers of initiative
and referendum under this charter.
A. Initiative. The qualified voters of the city shall have the power to propose
ordinances to the city council and, if the council fails to adopt
an ordinance so proposed without any change in substance, to adopt
or reject said ordinance at a city election, provided that such power
shall not extend to the budget, or capital program or any ordinance
relating to appropriation of money, levy of taxes, user fees or salaries
of city officers or employees.
Such initiative power may be used to enact a new ordinance or
to repeal or amend sections of an existing ordinance.
B. Referendum: The qualified voters of the city shall have the power to require
reconsideration by the city council of any adopted ordinance and,
if the council fails to repeal any ordinance so reconsidered, to approve
or reject it at a city election, provided that such power shall not
extend to the budget or capital program or any properly enacted emergency
ordinance, ordinance relating to appropriation of money or levying
of taxes or ordinance relating to the control of armed or violent
insurrection, revolt, rebellion or riot.
Any ten (10) qualified voters may begin initiative or referendum
proceedings by filing with the city secretary an affidavit stating
they constitute the petitioners’ committee and will be responsible
for circulating the petition and filing it in proper form; stating
their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the
proposed initiative ordinance or the ordinance sought to be reconsidered.
Immediately after the affidavit of the petitioners’ committee
is filed, the city secretary shall issue the appropriate petition
blanks to the petitioners’ committee.
After the affidavit of the petitioners’ committee has
been filed, the ordinance sought to be amended or repealed shall not
be repealed, or amended or re-enacted by the city council unless:
A. The action
taken by the city council is that which the petition requests, or
B. The petition
has not been filed within the prescribed time limit, or
C. There is
a final determination of the insufficiency of the petition, or
D. The petition
is withdrawn by the petitioners’ committees, or
E. One year
has elapsed since the city council or voter action has been taken
on the petition, or
F. The ordinance
sought to be amended or repealed relates to the control of insurrection
or riot.
When a referendum petition is filed with the city secretary,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate when:
(a) there
is a final determination of insufficiency of the petition, or
(b) the
petitioner’s committee withdraws the petition, or
(c) the
council repeals the ordinance, or
(d) the
vote of the people in a referendum election determines whether the
ordinance sought to be repealed is repealed or is sustained and the
election results are certified by the election officials.
All action previously taken under such ordinance or resolution
shall be suspended and its legality or validity determined by the
final disposition of the referendum petition.
The qualified voters shall have the power to recall any elected
official of the city on grounds of incompetency, noncompliance with
this charter, misconduct or malfeasance in office. Such power shall
be exercised by filing with the city secretary a petition, signed
by currently qualified voters of the city equal in number to at least
twenty percent (20%) of the total number of qualified voters registered
to vote at the last regular city election, per district effected,
demanding the removal of such elected official. The petition shall
be signed and verified in the manner required for an initiative petition.
The provisions regulating initiation, certification, amendment
and withdrawal of initiative petitions shall apply to recall petitions.
If the petition is certified by the city secretary to be sufficient,
the city council shall order an election forthwith to determine whether
such officer shall be recalled.
If a majority of the votes cast at a recall election shall be
against removal of the elected official named on the ballot, she/he
shall continue in office. If the majority of the votes cast at the
election are for the removal of the elected official named on the
ballot, the city council shall immediately declare her/his office
vacant and such vacancy shall be filled in accordance with the provisions
of this charter for the filling of vacancies. An elected official
thus removed shall not be a candidate to succeed herself/himself.
No elected official shall be subjected to more than one (1)
recall in a twelve (12) month period.
The elected official whose removal is sought may, within five
(5) days after such recall petition has been presented to the city
council, request that a public hearing be held to permit her/him to
present facts pertinent to the charges specified in the recall petition.
In this event, the city council shall order such public hearing to
be held, not less than five (5) days or more than fifteen (15) days
after receiving such request for a public hearing.
In case all of the requirements of this charter shall have been
met and the city council fails or refuses to receive the recall petition,
or order such recall election, or discharge other duties imposed upon
said city council by the provisions of this charter with reference
to such recall, then the County Judge of Hale County, Texas, shall
discharge any such duties herein provided to be discharged by the
city secretary or by the city council. In addition, any qualified
voter in the city may seek judicial relief in the District Court of
Hale County, Texas, to have any of the provisions of this charter
pertaining to recall carried out by the proper official.