The Texas Home Rule Charter Amendments of 1912
Introduction
In 1912, the Texas Legislature adopted a constitutional amendment that granted home rule to cities with a population of more than 5,000. This amendment allowed cities to adopt their own charters, which gave them greater autonomy in governing their local affairs.
Background
Prior to the home rule amendment, the state legislature granted special legislative charters to cities. However, this process was inconsistent and often did not include input from the citizens of the city. Additionally, the legislature was struggling to keep up with the growth of cities in Texas and address their local needs.
Reasons for the Amendment
The home rule amendment was adopted for several reasons:
Key Facts
- Growth of Cities: The growth of cities in Texas was outpacing the legislature’s ability to address local matters.
- Inconsistent Charters: Prior to the home rule amendment, the state legislature granted special legislative charters to cities, but the process was inconsistent and not always inclusive of citizen input.
- Failed Attempts: Previous attempts to make special legislative charters work and formulate general laws for all cities were unsuccessful.
- Home Rule Amendment: In 1912, a constitutional amendment was passed, allowing cities with a population of more than 5,000 to adopt a home-rule charter by a vote of its citizens.
- Charter Restrictions: The home-rule charter could not contain provisions inconsistent with the state constitution or statutes.
- City Government Types: The home-rule charter could provide for different types of city government, such as council-manager or mayor-council.
- Annexation and Taxation: The home-rule charter could allow annexation of adjacent land, set property tax rates, and authorize other functions and responsibilities, as long as they were not specifically prohibited by state laws.
- Growth of CitiesThe growth of cities in Texas was outpacing the legislature’s ability to address local matters.
- Inconsistent ChartersPrior to the home rule amendment, the state legislature granted special legislative charters to cities, but the process was inconsistent and not always inclusive of citizen input.
- Failed AttemptsPrevious attempts to make special legislative charters work and formulate general laws for all cities were unsuccessful.
Provisions of the Amendment
The home rule amendment allowed cities with a population of more than 5,000 to adopt a home-rule charter by a vote of its citizens. The charter could not contain provisions inconsistent with the state constitution or statutes. The charter could provide for different types of city government, such as council-manager or mayor-council. The charter could also allow annexation of adjacent land, set property tax rates, and authorize other functions and responsibilities, as long as they were not specifically prohibited by state laws.
Impact of the Amendment
The home rule amendment has had a significant impact on the governance of cities in Texas. It has allowed cities to tailor their charters to meet their specific needs and has given them greater autonomy in governing their local affairs. As of 2024, only 19 of the 309 Texas cities with a population of more than 5,000 have not adopted a home-rule charter.
Conclusion
The home rule charter amendments of 1912 were a significant step forward for the governance of cities in Texas. They have allowed cities to tailor their charters to meet their specific needs and have given them greater autonomy in governing their local affairs.
Sources
- Blodgett, Terrell. “Home Rule Charters.” Handbook of Texas Online, Texas State Historical Association, October 1, 1995, https://www.tshaonline.org/handbook/entries/home-rule-charters.
- “City Charter.” City of Stephenville, https://www.stephenvilletx.gov/citysecretary/page/city-charter.
- “Article 11. Municipal Corporations.” Texas Constitution, Texas Legislature, https://statutes.capitol.texas.gov/Docs/CN/htm/CN.11.htm.
FAQs
What is a home rule charter?
A home rule charter is a document that allows a city to govern itself and make its own laws, as long as they do not conflict with state law.
Why did the Texas Legislature adopt the home rule charter amendments in 1912?
The Texas Legislature adopted the home rule charter amendments in 1912 to give cities more autonomy and allow them to address their local needs more effectively.