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Texas Constitution art. 11 §5
In force on Jun 25, 2012 · this text took effect (date not stated) · same as today's text
CITIES OF MORE THAN 5,000 POPULATION: ADOPTION OR AMENDMENT OF CHARTERS; TAXES; DEBT RESTRICTIONS
(a) Cities having more than five thousand (5000) inhabitants may, by a majority vote of the qualified voters of said city, at an election held for that purpose, adopt or amend their charters. If the number of inhabitants of cities that have adopted or amended their charters under this section is reduced to five thousand (5000) or fewer, the cities still may amend their charters by a majority vote of the qualified voters of said city at an election held for that purpose. The adoption or amendment of charters is subject to such limitations as may be prescribed by the Legislature, and no charter or any ordinance passed under said charter shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State. Said cities may levy, assess and collect such taxes as may be authorized by law or by their charters; but no tax for any purpose shall ever be lawful for any one year, which shall exceed two and one-half per cent. of the taxable property of such city, and no debt shall ever be created by any city, unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and creating a sinking fund of at least two per cent. thereon, except as provided by Subsection (b). Furthermore, no city charter shall be altered, amended or repealed oftener than every two years.
(b) To increase efficiency and effectiveness to the greatest extent possible, the legislature may by general law authorize cities to enter into interlocal contracts with other cities or counties without meeting the assessment and sinking fund requirements under Subsection (a).
(Feb. 15, 1876. Amended Aug. 3, 1909, Nov. 5, 1912, Nov. 5, 1991, and Nov. 8, 2011.)
History:
Source: the Legislature's file server, seen Mar 03, 2022 to Nov 08, 2026.
Every version on file
- Effective date not stated · seen Mar 2022–Nov 2026
- Effective date not stated · seen Nov 2018–Nov 2018
Attorney General opinions that cite it
- GA-0980 (Jun 25, 2012): Whether a "project duration ordinance" adopted by the City of Austin contravenes section 245.005 of the Local Government Code
- GA-0962 (Apr 26, 2012): Whether section 38.007 of the Texas Education Code, section 109.33 ofthe Texas Alcoholic Beverage Code, and the home-rule provision of the Texas Constitution authorize a home-rule municipality with a population of less than 900,000 to enact an ordinance prohibiting the sale of alcoholic beverages within 1,000 feet ofa public school
- GA-0870 (Feb 17, 2011): Authority of a county judge to order a municipal recall election
- GA-0433 (Nov 16, 2005): Validity of a charter provision that permits a home-rule city to amend its charter by ordinance
- JM-1195 (Jul 27, 1990): Authority of a municipal- ity to impose a registration fee, license fee, occupation tax, or a bond requirement on a state licensed air con- ditioning and refrigeration contractor
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.