Introduction
Home-rule cities in Texas have the authority to amend their city charters through voter-approved ballot propositions. These charter amendments function much like constitutional revisions at the local level, allowing cities to adjust the structure of government, redefine powers, or revise administrative procedures.
While the state constitution places outer limits on what cities can adopt, the process of proposing and voting on charter amendments is a fundamental tool of local self-governance. Amendments may be initiated either by the city council or by petition of the voters, but in both cases, the final decision rests with the electorate in a formal election.
Eligibility and Applicability
Only home-rule cities—those with populations of at least 5,000 that have adopted a city charter—may hold charter amendment elections. General law cities, which operate strictly under state law without a charter, are not eligible to conduct such elections. Once a city has become home-rule, it gains broad legislative authority to manage local affairs, subject to state and federal law. This includes the ability to amend its charter at intervals no more frequent than every two years.1
The Texas Local Government Code outlines the procedures by which charter amendments must be proposed, noticed, and submitted to voters for approval. If adopted by majority vote, an amendment becomes part of the charter and takes effect as provided in the proposition or upon canvass of the election results.2
Methods of Proposal
City Council Initiation
The most direct path to a charter amendment election is through action by the city council. The council may adopt an ordinance proposing one or more amendments to the charter and calling for an election to be held. The ordinance must include the full text of each proposed change and set the date of the election in compliance with state election law.3
Citizen Petition
Home-rule charters must allow residents to propose amendments via petition. To qualify, the petition must be signed by a number of registered voters equal to at least five percent of the city’s qualified voters or 20,000, whichever is fewer. Signatures are valid for 180 days from the date of signing, and the city secretary is responsible for verifying their authenticity.4
Once a petition is verified, the city council must call a charter amendment election. It cannot delay or refuse to hold the election if all procedural requirements have been met.
Election Timing and Notice Requirements
Charter amendment elections must be held on one of the state’s uniform election dates. The most common dates are the May and November general election days. Alternatively, the city may call the election on the date of its next general municipal election or during a presidential general election, provided notice deadlines can be met.5
Before the election, the city must publish notice in a newspaper of general circulation. The notice must include the full text of each proposed amendment or a substantial summary, as well as an estimate of any fiscal impact. The notice must be published once a week for two consecutive weeks, with the first publication occurring at least 14 days before the election.6
Ballot Format and Approval
Each amendment must appear as a separate proposition on the ballot, and voters must be allowed to vote “for” or “against” each one individually. The propositions should be clearly worded to inform voters of the purpose and effect of the proposed changes. Courts may invalidate ballot language that is misleading or fails to convey the substantive effect of the amendment.
Approval requires a simple majority of those voting on the proposition. If approved, the amendment becomes part of the city charter as of the date specified or, if no date is specified, upon canvass of the results.
Legal Limitations and Challenges
Texas law prohibits charter amendments from being adopted more than once every two years. This limitation applies to the date of the election, not the date of proposal or petition filing.7 Cities must take care to avoid inadvertently violating this limitation when scheduling elections involving multiple propositions.
In addition, charter amendments cannot conflict with the Texas Constitution or general laws of the state. Even if passed by voters, an amendment may be declared void if it exceeds the city’s lawful authority. Courts have struck down amendments dealing with civil service, annexation, and term limits when those provisions conflicted with state law or infringed on protected rights.
Real-World Examples
Cities across Texas routinely use charter amendment elections to make both routine and consequential changes. In 2024, Missouri City voters considered 14 separate charter propositions, ranging from administrative clean-up items to changes in city council procedure. That same year, Daingerfield voters approved several amendments to update outdated language in their charter and bring it into compliance with current state law.
Larger cities such as San Antonio and Austin have also held high-profile amendment elections, often driven by contentious issues like campaign finance limits, policing oversight, or council structure. These examples illustrate the flexibility and risks inherent in charter reform at the local level.
