The governing body of the City of Harlingen shall be called the City Commission which shall be composed of five (5) City Commissioners, and the Mayor, who are the elective officers of the City.
(Ordinance 73-30, adopted 11/7/1973; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The Mayor and each City Commissioner shall be citizens of the United States, and have resided in the State of Texas and the City of Harlingen for a continuous period of twelve (12) months, and have attained the age of twenty-one (21) years at the time of running for such office; must be a qualified/registered voter; and have the other qualifications of a City voter and as provided for candidates in the State Election Code. The Mayor, City Commissioners, and other officers and employees shall not be delinquent on any debt owed to the City by the City, and any delinquent ad valorem taxes and other debts owed to the City to be paid no later than the deadline for filing for office (otherwise, shall constitute a disqualifying debt hereunder); shall not hold any other public office of emolument, except the office of Notary Public, and shall not be interested in the proceeds or emoluments or any contract, labor, labor or service for the Township, nor shall he be interested in the sale to or by the City of any property, real or personal. All of these requirements and requirements shall be fully met by any potential candidate for the office of Mayor or City Commissioner at the time of the election filing. Any officer or employee of the City who ceases to possess any of the qualifications herein required shall immediately forfeit his or her office and any contract in which any officer or employee is or may be interested may be declared void by the City Commission. No officer or employee shall accept, directly or indirectly, any compensation, public or private, in consideration of or in consequence of his or her status as an officer or employee, other than such compensation as may be stipulated in this Charter or by ordinance as authorized herein, and no officer or employee shall directly or indirectly solicit or accept any gift, service, or discount on the purchase of any services or movable or immovable property offered as a result of their status as an officer or employee of the City. Any violation of this section shall be a misdemeanor, and upon conviction for such violation, such office or employment shall be forfeited. The Mayor and each Commissioner shall fully comply with Texas Local Government Code §§ 171.001–171.008, and any future amendments relating to the disclosure of conflicts of interest of local officials, and, in the event of conviction of an offense under this statute, such office of Mayor or City Commissioner shall be forfeited immediately.
(Ordinance 75-44, adopted 11/11/1975; Resolution 79-R-7, adopted 2/24/1979; Ordinance 84-83, Amend. Nos. 2, 7, adopted 12/5/1984; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
Elections to the Municipal Commission after 4 November 2008 shall be single-member districts. The City of Harlingen shall be divided into five (5) electoral districts for the purpose of electing a city commissioner from each member district. Candidates for the City Commission must have resided in the district from which they seek election for at least one year prior to the date of the election. The Mayor will be elected at-large by the voters of the City of Harlingen. In the event that no candidate receives a majority of the votes in the regular election for which he or she is a candidate, the Commission shall immediately order a special runoff election to be held in accordance with the Texas Election Code, in which special election the names of only the two candidates who receive the highest number of votes for such office in the regular election shall be printed in the ballot and will be presented to the qualified voters of the district in which they were nominated, or, in the case of the office of Mayor, the voters of the City at-large, and the candidate receiving the majority of the votes in such special election shall be declared duly elected. Nothing written herein shall be construed to prohibit any official from being a candidate for re-election, so long as such candidate is a resident of the district from which he seeks election. The City Commissioners shall be the judges of the election and qualification of its members.
The five (5) districts shall be drawn in accordance with state and federal laws.
At the first election held pursuant to this provision on May 9, 2009, all five (5) districts shall stand for election. After the election and the counting of the minutes and the statement of results, the five (5) Commissioners elected shall meet and determine by lot which two (2) Commissioners shall serve one-year terms, and which three Commissioners shall serve three-year terms. Thereafter, each Commissioner will serve a three-year term. The election for the office of mayor will be held in May 2010 and will be for a period of three years. Commissioners and the Mayor shall be limited to four (4) three (3) three-year terms during the life of the elected official, regardless of whether the terms served are consecutive. Mandates completed prior to the adoption of this provision shall not count towards the purpose of the useful life limitation.
(Resolution 87R-10, adopted 4/9/1987; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Ordinance 08-56, adopted 8/26/2008; Ordinance 2021-51, § 1, adopted 8/18/2021; Resolution 2024-57 adopted 11/14/2024)
Vacancies in the office of Mayor shall be filled for the remainder of the unexpired term by a majority vote of the qualified voters of the City at a special election duly called by ordinance. Vacancies in the office of Commissioner shall be filled for the remainder of the unexpired term by a majority vote of the qualified voters of the affected single member district at a special election duly called by ordinance.
(Ordinance 73-30, adopted 11/7/1973; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Ordinance 08-56, adopted 8/26/2008)
The Mayor of the City shall be the presiding officer of the City Commission. The Mayor may vote and present motions of secondment. The Mayor shall sign all bonds, ordinances, resolutions, proclamations, deeds, and transfers, except those documents that the City Commission has authorized the City Manager to sign. The Mayor shall exercise all powers and perform all duties as the principal executive office of the City Commission imposed upon the Mayor by this Charter and City ordinances.
(Ordinance 73-30, adopted 11/7/1973; Ordinance 84-83, Amend. No. 3, adopted 12/5/1984; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
In the absence of the Mayor, a Pro-Tempore Mayor shall act in his/her place. At the first meeting after the election date established by the Texas Election Code in November, (whether or not there is a City election), one such City Commissioner shall be elected Mayor Pro-Tempore by the majority vote of the City Commissioners. In the absence of both the Mayor and the Mayor Pro-Tempore, a Mayor Pro-Tempore President shall be elected by a majority vote of the City Commissioners. In the absence of the Mayor, the Mayor Pro-Tempore shall have the same duties as the Mayor, shall have the same rights and privileges as the Mayor, and shall be subject to the same restrictions and limitations of the Mayor as provided in this Charter.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
The City Commission shall enact all ordinances and resolutions and adopt all regulations and constitute the legislative body of the City. The City Commission and the Mayor shall constitute the governing body of the City with all the powers and authority granted under this Charter; provided, however, that the Mayor and Commissioners shall have no administrative responsibilities.
(Resolution 79-R-7, adopted 2/24/1979; Ordinance 84-83, Amend. No. 4, adopted 12/5/1984; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The City of Harlingen is a self-governing city with full self-governing power. The Harlingen City Commission may, in the exercise of its quasi-judicial powers and powers of self-government including: (1) the right to exercise judgment and discretion, (2) the right to hear and determine or determine facts and make decisions, (3) the right to pass ordinances regarding matters within the jurisdiction of the City, (4) the right to examine witnesses and compel the attendance of witnesses.
The City Commission, in the exercise of these quasi-judicial powers, shall have the power to investigate the official conduct of any designated official, department head, or agency of the City. In conducting such an investigation, the City Commission may use the City's Internal Audit, compel the attendance of witnesses, the production of books and documents, and other evidence, and for that purpose may issue subpoenas or attachments to be signed by the Mayor, which may be served and executed by any official authorized by law to serve subpoenas or other process, or any City peace officer. For that purpose, the City Commission shall have the power to administer oaths, subpoena witnesses, and compel the production of books, documents, or other evidence material for the investigation. The City Commission shall provide, by ordinance, procedures for the conduct of investigations, penalties for contempt for failure to obey or refuse to obey any subpoena or to produce such books, documents, or other evidence, and shall have the power to punish any contempt in the manner provided by the ordinance and/or the laws of the United States and the State of Texas.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
The Mayor and City Commissioners shall receive such salaries as may be fixed by the City Commission. In the absence of an ordinance fixing their salaries, the Mayor and City Commissioners shall serve without compensation. The salary of the Mayor shall not exceed five thousand dollars ($5,000.00) per year, and the salary of each City Commissioner shall not exceed three thousand dollars ($3,000.00) per year.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The people of the City reserve the power to recall any member of the City Commission or Mayor by filing with the City Secretary a petition signed by qualified voters of the City, equal in number to at least fifteen (15) percent of the qualified voters of the City, demanding the removal of a City Commissioner or Mayor.
The signatures on the recall petition need not all be appended to one paper, but each signer shall sign his or her name in ink or indelible pencil and shall add to his or her signature his or her place of residence by street and number. Each page of the petition shall contain the words: each signer represents that he or she is a registered and qualified voter of the City of Harlingen, and shall place his/her voter registration number on the petition. One of the signers of each separate petition shall make an affidavit that he or she only, personally circulated such petition and that each signature on the page was made in his or her presence and is the genuine signature of the person whose name is on the page and each person represented to him or her that he or she was a registered and qualified voter of the City of Harlingen.
Within twenty (20) days after a recall petition is filed, the City Secretary shall examine it. The provisions regulating examination, certification and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the City Secretary to be sufficient and the City Commissioner or Mayor, whose removal is sought, does not resign within five (5) days after the certification to the City Commission, the City Commission shall order and hold a recall election within not less than thirty (30) nor more than sixty (60) days from such certification.
Ballots used at recall elections shall conform to the following requirements:
(1) 
With respect to each person whose removal is sought, the question shall be submitted: "Shall (name of City Commissioner or Mayor) be removed from the office of City Commissioner (or Mayor)?"
(2) 
Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated:
"To remove _______ (name) from the office of _____."
"To continue _______ (name) from the office of _____."
If a majority of the votes cast at a recall election shall be against removal of the City Commissioner or Mayor named on the ballot, he shall continue in office. If the majority of the votes cast at such election [shall] be for the removal of the City Commissioner or Mayor named on the ballot, the City Commission shall immediately declare his office vacant and the vacancy shall be filled in accordance with the provisions of this Charter. A City Commissioner or Mayor who is removed shall not be a candidate to succeed himself in an election called to fill the vacancy thereby created.
No recall petition shall be filed against a City Commissioner or Mayor within six (6) months after he takes office and no Commissioner or Mayor shall be subjected to more than one recall election during a term of office.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The City Commission of the City of Harlingen, Texas, shall appoint a City Manager, by a minimum of three affirmative votes, on the basis of his/her executive and administrative qualifications and experience in municipal administration, who shall be the chief administrative officer of the municipal government. He or she shall direct and supervise the administration of all departments, offices, and employees of the City except as otherwise provided by this Charter or by law. He or she may or may not, at the time of his appointment, be a resident, but shall immediately establish his residence within the City upon accepting the office. He or she shall receive a salary as shall be determined by the City Commission and shall serve at the will of the City Commission. Whenever the office of City Manager is vacant, the City Commission shall forthwith appoint an interim City Manager who shall have and exercise all powers and duties of the City Manager during the vacancy. No member of the governing body shall be eligible to serve as City Manager or interim City Manager.
The City Manager may authorize any administrative officer who is subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department.
The City Manager shall:
(a) 
Appoint and, when he or she deems it necessary for the good of the City, suspend or remove at will any/all City employees and appointive officers provided for by or under this Charter, except as otherwise provided by law or this Charter.
(b) 
Attend all City Commission meetings and shall have the right to take part in discussion but may not vote.
(c) 
See that all laws, the provisions of this Charter, and legislative enactments of the City Commission, subject to enforcement by the City Manager or by officers subject to the City Manager's direction and supervision, are faithfully executed.
(d) 
Prepare and submit the annual budget to the City Commission.
(e) 
Submit to the City Commission and make available to the public a complete report on the finances of the City as of the end of each fiscal year.
(f) 
Make such other reports as the City Commission may require concerning the operation of City departments and offices subject to the City Manager's direction and supervision.
(g) 
Keep the City Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the City Commission concerning the affairs of the City as the City Manager deems desirable.
(h) 
Perform such other duties as are specified in this Charter or may be required by the Mayor and City Commission.
(i) 
The City Manager may permit an Assistant City Manager to attend City Commission meetings in his or her absence.
(j) 
Neither the Commission nor any of its members shall instruct or request the City Manager or any of his or her subordinates to approve or remove from office or employment any person, except with respect to those officers who are to be filled by appointment by the Commission, under the provision of this letter. Except for purposes of inquiry and investigations, the commission and its members shall deal with the City's administrative service only through the City Manager and shall not give orders to any of the administrator's subordinates, either publicly or privately.
Any references to the City Manager in the male form of the word shall also include the female form.
(Ordinance 73-30, adopted 11/7/1973; Ordinance 84-83, Amend. No. 11, adopted 12/5/1984; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
The City shall have the power to provide for one or more courts for the trial of misdemeanor offenses, each known as a "municipal court," and with each such court to have one or more Municipal Judges, and with the powers and duties as are refined and prescribed in Texas Government Code ch. 29, inclusive (including amendments and lettered additions and amendments thereto); and to appoint, as soon as practicable after the adoption of this Charter, suitable persons for the position and/or positions of Judge or Judges of the municipal court or courts, who shall discharge the duties of said office under the terms and provisions of the State law creating the court, and subject to the provisions of this Charter; and to appoint a Clerk and other officer or officers of the court.
(Ordinance 75-44, adopted 11/11/1975; Resolution 79-R-7, adopted 2/24/1979; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The City Commission shall create and consolidate such offices and may divide the administration of the City's affairs into such departments as they may deem advisable and may discontinue any such office or department at their discretion.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The City Attorney and Internal Auditor must be recommended by the City Manager, but hired or fired by the majority vote of the entire city commission. The duties of these officers shall be established by separate ordinance. The Mayor and elected City Commissioners and full-time salaried employees of the City of Harlingen shall not hold any other public emolument office (other than that of notary public) nor shall they be interested in any contract, work, service, or other business with the City of Harlingen, including the purchase and sale of property, except for services for which such elected official and/or full-time salaried employee is elected and/or hired; and further providing that appointed, part-time, unpaid officials of the City may do business with departments of the City other than the department in which such unpaid, part-time appointed official is actually appointed and a member; with additional safeguards to be determined by the City Manager and the City Commission that any business negotiated and consummated by any part-time, unpaid, appointed City official with any other than that in which he is appointed and is a member, shall in no way be influenced by the department and his position therein of which he is an appointed member. All officers and employees of the City, whether appointed or elected, paid or unpaid, who exercise responsibilities beyond those that are merely advisory in nature shall be in full compliance with Tex. Rev. Civ. Stat., Art. 988B [repealed - See now Texas Local Government Code Cap. 171], and any amendments thereto relating to the disclosure of conflicts of interest of local officials, and upon conviction of a crime, the officer or employment shall be immediately confiscated. No contract shall ever be made that obligates the City to pay for personal services to be rendered, for any set period of time, but all designated officers and employees shall be subject to preferential leave as provided herein. The salaries and wages of all officers and appointed employees of the City shall be fixed and determined by the City Commission and shall provide for their payment. No person related within the second degree by affinity or within the third degree by blood to the Mayor, to any of the City Commissioners, or to the City Manager, shall be appointed to any office, position, secretary, or service of the City.
(Ordinance 75-44, adopted 11/11/1975; Ordinance 79-39, adopted 8/1/1979; Ordinance 82-79, Amend. No. 5, adopted 1/15/1983; Ordinance 84-83, Amend. No. 5, adopted 12/5/1984; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006; Resolution 2024-57 adopted 11/14/2024)
Each City Commissioner and Mayor, the City Manager, each police officer, and other City officials as may be prescribed by City ordinance from time to time, before entering upon the duties of his or her office, shall take and subscribe to the oath prescribed by the Constitution of the State of Texas for County officials.
(Resolution 79-R-7, adopted 2/24/1979; Ordinance 84-83, Amend. No. 6, adopted 12/5/1984; Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
In the event of the occurrence of a vacancy, prior to the normal expiration of any position provided to be filled by appointment by the Mayor and/or City Commission in this Charter, the Mayor and/or Commission, as the case may be, shall fill the vacancy by interim appointment. The interim appointments are to be under the same terms and conditions as provided for the original appointments.
(Ordinance 06-14, adopted 3/1/2006; Resolution 06R-19, adopted 5/17/2006)
The Harlingen Economic Development Corporation will have seven board members, with the mayor having the right to appoint two board members, and each city commissioner will have the right to appoint one board member, for a term concurrent with the term of office of the appointing officer. The board may hire the corporation's Executive Director, but his or her hiring or termination will be subject to prior approval by the City Commission.
(Resolution 2024-57 adopted 11/14/2024)