Initiative for Texas Information Bulletin # 16
HB2183 has been passed out of the Elections
Committee.
BACKGROUND
Prior to 1997 a proposed City Charter Change Amendment
by citizen initiative was required to be put to the voters on
the "first authorized uniform election date prescribed by the
Election Code." However with the support of the City of
Houston and Mayor Robert Lanier, Representative Debra
Danburg submitted a Bill (HB 331) which changed the code
to "on the first authorized uniform election date prescribed
by the Election Code or on the earlier of the date of the next
municipal general election or presidential general election."
This change permits cities to forego submission of citizen
proposed charter amendments to the voters for up to three
or four years after submission of the voters' petitions,
depending on the creativity and aggressiveness of the
city council. The City of Houston instigated the above
change and has aggressively used it to delay voting.
However, the above change applies to over 300 cities
in Texas; therefore its potential for abuse is universal.
HB2183 revises TEX. LOC. GOVERNMENT. CODE, § 9.004 (b)
to its pre-1997 language, which requires home-rule cities to
hold elections at the next uniform election date on citizen
petition, initiated charter change amendments. Such prompt
election on citizen charter change initiatives has been
standard in home-rule cities since 1905.