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1. What is Home Rule?

The City of Alvarado is currently a General Law City governed by the Lws of the State of Texas.  Because the City has grown to over 5,000 in population, the Texas Constitution allows the City to establish its own rules for municipal government by adopting a Home Rule Charter.

2. What is a city charter?

Home Rule cities must write and adopt charters. A Charter is akin to a municipal constitution that is written and adopted by an election of the citizens. The Charter defines and limits the powers, duties and responsibility of local government based on local preferences and desires. It defines the form of local government and establishes organizational provisions. The citizens determine the necessary controls over their city government such as elections, referendums, initiatives, and recall, and define the procedures to amend the Charter. Essentially, the Charter describes and defines local government based on local preferences and controls as opposed to general laws written by the Texas legislature.

3. What is the difference between General Law and Home Rule city?

Texas cities operate under two categories of local government, General Law and Home Rule. 

 General Law - a city whose powers are limited by the specific authority granted by Texas statues. General Law cities are restricted to doing what state statues direct or permit them to do. A specific grant of authority or permission must be provided in the state statutes to initiate a particular action. If a General Law city is not granted the express or implied power by the State to initiate a particular action, none can be taken. General Law cities are generally smaller and under 5,000 in population.

 Home Rule - cities with a population over 5,000 in which the citizens have adopted a home rule charter to define the structure, power, duties, and authority of their local government. The legal position of Home Rule cities is the reverse of General Law cities. Rather than looking to state statutes to determine what they may do, as General Law cities must do, Home Rule cities look to their local Charters to determine what they may do. A Home Rule city may generally take any action that is not prohibited by the Texas Constitution or statutes as long as the authority is granted in the Charter of the city. Home Rule cities have the full power of self-government and may take any action in the interest of the citizens' health, safety and welfare that is not contrary to the Texas and U.S. Constitutions or federal or state laws.

4. How is a Home Rule Charter adopted?

 Procedures to adopt the Home Rule Charter are listed below and can be found in Chapter Nine of the Texas Local Government Code: 

• Selection of a Home Rule Charter Commission; 
• The Charter Commission prepares the proposed Home Rule Charter and submits the proposed Charter to the City Council for review; 
• City Council places the Charter on the ballot for the next uniform election date (Special Election date - May 6, 2023); 
• All registered voters, of the City, to receive a copy of the approved and proposed Charter by mail thirty (30) days prior to the election; 
• Citizens vote whether or not to adopt the proposed Charter in the election. The adoption of a Charter is by majority vote.

5. What are some typical matters included in a Home Rule Charter?

The Charter establishes various rights, responsibilities and privileges for city government and its citizens that does not superseded State or Federal laws. Below are a few examples:

1) The number of Councilmembers, their terms and how they are elected;

2) Duties of the Mayor, Council and specific staff members;

3) The type of government utilized;

4) Citizens’ right to initiative, recall and/or referendum;

5) City’s right to annex, tax and provide safety for its citizens; and

6) Procedures and ethics.

 

6. What are some other distinctions between a General Law and a Home Rule city?

There are numerous distinctions between a Home Rule City and a General Law City. A few distinctions that receive the most attention amongst cities considering the transition include the following:

1. Home Rule governance is synonymous with self-governance. The Charter is written by a commission of citizens, adopted by the citizens and defines the local government. The community prepares its Charter based on community norms, values, and priorities. Unlike the general laws of the State, which may address a multitude of conditions faced in many Texas communities, Home Rule Cities define for themselves how they want to be governed.
2. Home Rule communities have a variety of tools available to manage the affairs of city government. The Charter provides a local response to the form of government desired by citizens; defines the structure of city government; establishes controls over city finances; and limitations on the powers of city government.
3. Initiative, Referendum and Recall are three separate facets of direct democracy reserved for exclusive use by local voters that provide direct remedies in unusual situations. These powers are unique to Home Rule Cities and not available to voters at any other level of government.

1. An initiative petition asks the City Council to act on a specific issue when it has not done so previously. If valid, the Council must adopt the petition or submit it to a vote of the people.
2.  A referendum petition asks the City Council to reverse an action already taken or proposed. The Council can rescind the ordinance that is the subject of the referendum petition or submit it to a vote of the people.
3. A recall petition asks the City Council to call an election for a vote to remove one or more Councilmembers and/or the Mayor from office. The targeted official may resign or stand for the recall election.

  4. Once a Charter is adopted, the citizens retain control over the Charter through the amendment process. 

7. How has the public been involved in the Home Rule Charter process?

Home Rule Charter Commission

Theeb Dieb	Pam Jones	Kevin Thomas
Jill Dennis	Tara Monrose	Richard VanWinkle
Marty Douglas	Lydia Moon	Flint Webb
Tom Durington	Joshua Rendon	Jacob Wheat
Kenneth Estes	Israel Stephens

The Home Rule Charter Commission was comprised of 14 members representing the wards and organizations within the City. The commission held public meetings at City Hall, satisfying the Texas Open Meetings Act requirements, and during each meeting time was set aside to receive public comments. 

City Council heard the recommendation from the Home Rule Charter Commission at the Council meeting on January 23, 2023, and Council unanimously approved to place the Home Rule Charter on the ballot in a Special Election scheduled for May 6, 2023. 

Click here to view the proposed Home Rule Charter and appendix of reference materials.  https://www.cityofalvarado.org/306/City-of-Alvarado-Elections

 

8. Why vote in the Alvarado Home Rule Charter election?

The 1878 election to incorporate the City of Alvarado helped shape present day Alvarado, and registered voters now have a historic opportunity to shape the future of the City for generations to come.  

An original incorporating document is featured below.