Appendix A. SOURCES OF HOUSTON CITY CHARTER—ORIGINAL ACT OF 1905 AND SUBSEQUENT AMENDMENTS  


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  • The original Act of 1905, 29th Legislature, Regular Session, Special Laws, Chapter 17, House Bill 503, Page 131 (12 Gammel), still constitutes a large part of the present charter of the city. The charter so granted has since been successively amended, as follows:

    1.

    Amendment by Act effective April 13, 1905, H.B. 634, § 1, 29th Leg., R.S., by which § 2 of Art. IX was amended to read as now carried and § 17 of Art. IX was amended to read as it continued to read until amended in 1913 and 1933, and finally repealed in 1942.

    2.

    Amendment by Act effective August 31, 1911, S.B. 50, 32nd Leg., 1st C.S., by which there was added Art. IVa, as carried except for subsequent amendment in 1913 and 1933, and finally repealed in 1999.

    3.

    After the adoption of 1912 of the Home Rule Amendment to the State Constitution and the passage in 1913 of the Home Rule Enabling Act now appearing as recodified as Tex. Loc. Gov't Code Ann. ch. 9 (Vernon 1988 and Supp. 1993), the voters of the city successively amended their charter at elections at which the following amendments were approved:

    (a)

    At election (Ord. Book 3, Page 426) October 15, 1913, amendments were adopted which were recorded in Vol. 1, Page 105, of the Secretary of State's Record of Charter Amendments, as follows:

    (1)

    Amended § 2 of Art. I (Setting boundaries); many times since re-amended and modified by ordinances. This section is omitted from the current codification; the City Secretary's office can provide annexation ordinances.

    (2)

    Added § 2a to Art. I, as carried until repealed in 2012.

    (3)

    Added § 2b to Art. I, as carried until repealed in 2012.

    (4)

    Amended § 2 of Art. II, to read as now carried.

    (5)

    Added § 4a to Art. II, as carried until repealed in 1999.

    (6)

    Added § 5a to Art. II, as now carried.

    (7)

    Added § 6a to Art. II, as now carried.

    (8)

    Added § 7a to Art. II, as now carried except for subsequent amendment in 1982.

    (9)

    Added § 7b to Art. II, as now carried except for subsequent amendment in 1982.

    (10)

    Amended § 9 of Art. II, to read as now carried except for subsequent amendment in 1982.

    (11)

    Added § 14a to Art. II, as carried until repealed in 2012. (This section and accompanying § 14 were impliedly repealed by Act creating H.I.S.D. See Act effective March 20, 1923, S.B. 402, 39th Leg., R.S.)

    (12)

    Added § 15a to Art. II, as now carried.

    (13)

    Added § 19a to Art. II, as now carried except for subsequent amendment in 1982 and 1999.

    (14)

    Amended last paragraph of § 1 of Art. III, to read as carried until entire article superseded by new Art. III in 1999.

    (15)

    Amended § 3 of Art. IVa, to read as carried until repealed in 1999.

    (16)

    Added § 4a to Art. IVa, as carried until repealed in 1999.

    (17)

    Amended § 5 of Art. IVa, to read as now carried until repealed in 1999.

    (18)

    Added § 5a to Art. IVa, as carried until repealed in 1999.

    (19)

    Amended § 6 of Art. IVa, to read as carried until repealed in 1999.

    (20)

    Added § 3 to Art. V, as carried until amended in 1933; superseded by new Art. V in 1942.

    (21)

    Added § 4 to Art. V, as carried until entire article superseded by new Art. V in 1942.

    (22)

    Added § 4a to Art. V, as carried until amended in 1933; superseded by new Art. V in 1942.

    (23)

    Added Art. Va (Civil Service), as now carried except for subsequent amendment in 1915, 1968 and 1982. (This Article has been superseded by State Civil Service Laws for firefighters and police officers. See Tex. Loc. Gov't Code Ann. ch. 143.)

    (24)

    Amended § 9 of Art. VI (Mayor's Salary), to read as it continued to read until entire article superseded by new Art. VI in 1942.

    (25)

    Added § 6a to Art. VII, as carried until entire article superseded by new Art. VII in 1942. (This is the "Lame Duck" provision which passed out of the charter with the 1942 amendments, but was placed back in the charter as one of the 1947 amendments.)

    (26)

    Added Art. VIIa (Recall of Officials), as now carried except for subsequent amendment in 1991 and 2010.

    (27)

    Added Art. VIIb (Initiative and Referendum), as now carried except for subsequent amendment in 1991, 1994, and 2010.

    (28)

    Amended § 1 of Art. VIII (Controller and His Salary), to read as now carried except for subsequent amendment in 1922, 1933, 1947, and 1961.

    (29)

    Amended § 2 of Art. VIII, to read as now carried except for subsequent amendment in 1982.

    (30)

    Added § 6 to Art. VIII, as now carried.

    (31)

    Amended § 11 of Art. IX, to read as now carried.

    (32)

    Amended § 16 of Art. IX, to read as now carried.

    (33)

    Amended § 17 of Art. IX (provision for carrying over terms of existing officers), to read as carried until amended in 1933 to like purpose; finally repealed entirely in 1942.

    (34)

    Added § 17a to Art. IX (provision for filling vacancies in certain offices), as carried until repealed in 1942.

    (35)

    Added § 17b to Art. IX, as now carried.

    (36)

    Added § 19 to Art. IX, as now carried.

    (b)

    At election (Ord. Book 6, page 30) December 28, 1915, amendments were adopted which were recorded in Vol. 3, Page 129, of the Secretary of State's Record, as follows:

    (1)

    Added Art. VIa, as now carried except for subsequent amendment in 1947, 1968, and 2004.

    (2)

    Added § 1a to Art. IV, as now carried.

    (3)

    Amended § 4 of Art. Va, to read as now carried except for subsequent amendment in 1982. (Note that the certificate filed with the Secretary of State is rather obscure in connection with this amendment as it merely states that the amendment was of "Sec. 4— Commissioners, Rules and Regulations" and does not directly indicate what article was referred to and does not clearly show whether it is an amendment or the addition of something entirely new. This obscurity has been cleared up by checking against the original article, the election proposition, etc.)

    (c)

    At election (Ord. Book 7, page 247) February 20, 1918, only one amendment was adopted, recorded in Vol. 3, page 521, of the Secretary of State's Record, being amendment of § 2 of Art. I, providing for the consolidation of Houston with Houston Heights and amending the City's boundaries to include the additional area involved. This section is omitted from the current codification; the City Secretary's office can provide annexation ordinances.

    (d)

    At election (Ord. Book 10, page 371) December 30, 1922, amendments were adopted which are recorded in Vol. 5, page 459, of the Secretary of State's Records, as follows:

    (1)

    Amended § 12 of Art. VII, to read as it continued to read until entire article superseded by new Art. VII in 1942.

    (2)

    Added § 13 to Art. VII, as carried until entire article superseded by new Art. VII in 1942.

    (3)

    Amended § 1 of Art. VIII (City Controller's Salary), to read as now carried except for subsequent amendment in 1933, 1947 and 1961.

    (4)

    Amended § 2 of Art. I (Boundaries). This section is omitted from the current codification; the City Secretary's office can provide annexation ordinances.

    (5)

    Amended § 3 of Art. I, to read as now carried.

    (e)

    At election (Ord. Book 15, page 259) October 16, 1926, amendments were adopted which are recorded in Vol. 6, page 439, of the Secretary of State's Records, as follows:

    (1)

    Added § 4a to Art. IV, as carried until repealed in 1999.

    (2)

    Added § 13a to Art. II, as now carried.

    (3)

    Amended § 2 of Art. I (Boundaries) to consolidate City of Houston with City of Magnolia Park. This section is omitted from the current codification; the City Secretary's office can provide annexation ordinances.

    (f)

    At election (Ord. Book 24, page 389), January 28, 1933, amendments were adopted which are recorded in Vol. 8, page 259, of the Secretary of State's Records, as follows:

    (1)

    Amended § 10 of Art. III, to read as carried until entire article superseded by new Art. III in 1999.

    (2)

    Amended § 3 of Art. V, to read as carried until entire article superseded by new Art. V in 1942.

    (3)

    Amended Subdivisions a and b of § 4a of Art. V to read as carried until entire article superseded by new Art. V in 1942.

    (4)

    Added § 4b to Art. II, as carried until repealed in 1999.

    (5)

    Added Art. IVb, as now carried.

    (6)

    Amended § 17 of Art. IX, as carried until repealed in 1942.

    (7)

    Added § 14a to Art. IVa, as carried until repealed in 1999.

    (8)

    Amended third paragraph of Sec. 9 of Art. IVa, to read as carried until repealed in 1999.

    (9)

    Added Subdivision (s) to § 4a of Art. V (Provision fixing date of City Democratic Primary), as carried until entire article superseded by new Art. V in 1942.

    (10)

    Amended § 1 of Art. VIII (City Controller's Salary), to read as now carried except for subsequent amendment in 1947 and 1961.

    (11)

    Amended first paragraph of § 15 of Art. III (Composition of Board of Appraisement), to read as carried until entire article superseded by new Art. III in 1999.

    (12)

    Added § 16 to Art. III, as carried until entire article superseded by new Art. III in 1999.

    (13)

    Added § 20 to Art. II, as now carried.

    (g)

    At election (Ord. Book 35, page 331) August 15, 1942, amendments were adopted which are recorded in Vol. 10, page 42, of the Secretary of State's Records, as follows:

    (1)

    Adopted new Art. V superseding former article, as carried until superseded by new Art. V in 1951.

    (2)

    Repealed §§ 6, 17, and 17a of Art. IX.

    (3)

    Adopted new Art. VI superseding former article, as now carried except for subsequent amendment in 1947, 1968, 1982, and 1999.

    (4)

    Added Art. VIb, as carried until repealed in 1947.

    (5)

    Adopted new Art. VII superseding former article, as now carried except for subsequent amendment in 1947, 1951, 1979, 1982 and 1991.

    (h)

    At election (Ord. Book 43, page 117) July 26, 1947, amendments were adopted which are recorded in Vol. 10, page 315, of the Secretary of State's Records, as follows:

    (1)

    Added § 4a to Art. V, as carried until entire article superseded by new Art. V in 1951.

    (2)

    Added § 7a to Art. VI, as now carried except for subsequent amendment in 1968.

    (3)

    Repealed Art. VIb.

    (4)

    Amended § 8 of Art. VI, to read as now carried.

    (5)

    Amended § 4 of Art. VIa, to read as now carried.

    (6)

    Added § 9a to Art. VII, as carried until repealed in 1951.

    (7)

    Amended § 1 of Art. VII, to read as now carried.

    (8)

    Added § 11a to Art. VII, as now carried.

    (9)

    Amended § 1 of Art. VIII (City Controller's Salary), to read as now carried except for subsequent amendment in 1961.

    (i)

    At election May 29, 1951, amendments were adopted as follows:

    (1)

    Adopted new Art. V superseding former article, as carried until superseded by new Art. V in 1955.

    (2)

    Repealed § 9a of Art. VII.

    (j)

    At election August 16, 1955, amendments were adopted as follows:

    Adopted new Art. V superseding former article, as now carried except for subsequent amendment in 1979, 1991, 1999, and 2015.

    (k)

    At election November 18, 1961, an amendment was adopted as follows:

    Amended § 1 of Art. VIII, to read as now carried.

    (l)

    At election January 27, 1968, amendments were adopted as follows:

    (1)

    Amended § 19 of Art. II, to read as now carried except for subsequent amendment in 1982.

    (2)

    Amended § 1 of Art. Va, to read as now carried.

    (3)

    Amended § 2 of Art. VIa, to read as now carried.

    (4)

    Amended paragraph (4) of § 7a of Art. VI, to read as now carried.

    (m)

    At election August 11, 1979, amendments were adopted as follows:

    (1)

    Amended §§ 1, 2, 3, 4, 5, and 8 of Art. V, to read as now carried except for subsequent amendment in 1999 and 2015.

    (2)

    Amended § 2 of Art. VII, to read as now carried.

    (3)

    Amended § 3 of Art. VII, to read as now carried except for subsequent amendment in 1982.

    (n)

    At election August 14, 1982, amendments were adopted as follows:

    (1)

    Amended §§ 2, 3 and 4 of Art. Va, to read as now carried.

    (2)

    Amended §§ 7a, 7b, 9, 19 and 19a of Art. II, to read as now carried except for subsequent amendment of § 19a in 1999.

    (3)

    Amended § 3 of Art. VII, to read as now carried.

    (4)

    Added § 2a to Art. VIII, as now carried.

    (5)

    Added §§ 11, 12 and 13 to Art. VI, as now carried.

    (6)

    Amended § 18 of Art. II, to read as now carried.

    (7)

    Amended § 2 of Art. VIII, to read as now carried.

    (8)

    Amended the first paragraph of § 1 of Art. III, to read as carried as two paragraphs until entire article superseded by new Art. III in 1999.

    (o)

    At election November 5, 1991, amendments were adopted as follows:

    (1)

    Added § 6a to Art. V, as now carried except for subsequent amendment in 2015.

    (2)

    Amended § 5 of Art. VIIa, to read as now carried.

    (3)

    Amended subsection (b) of § 2 of Art. VIIb, to read as now carried.

    (4)

    Amended § 9 of Art. VII, to read as now carried.

    (5)

    Added § 4a. to Art. V, as carried until repealed in 1994.

    (p)

    At election January 15, 1994, amendments were adopted as follows:

    (1)

    Repealed § 4a of Art. V.

    (2)

    Added § 13 to Art. VIIb, as now carried.

    (q)

    At election November 2, 1999, amendments were adopted as follows:

    (1)

    Repealed §§ 4-a and 4b of Art. II, §§ 4 and 4-a of Art. IV, and all of Art. IVa.

    (2)

    Amended Art. III, to read as now carried.

    (3)

    Amended § 4 of Art. V and § 1 of Art. VI, to read as now carried.

    (4)

    Amended the first paragraph of § 19a of Art. II, to read as now carried.

    (r)

    At election November 6, 2001, amendments were adopted as follows:

    (1)

    Added § 21 to Art. II, as now carried.

    (2)

    Added a section, which the editors placed in Art. II as § 22, as now carried.

    (s)

    At election November 2, 2004, amendments were adopted as follows:

    (1)

    Amended the first paragraph of § 1 of Art. III, to read as now carried as five paragraphs.

    (2)

    Added § 20 to Art. IX, as now carried.

    (3)

    Added a section, which the editors placed in Art. VI-a as § 7, as now carried.

    (4)

    Added § 7 to Art. VIII, as now carried.

    (t)

    At election November 7, 2006, an amendment was adopted as follows:

    Added § 21 to Art. IX, as now carried.

    (u)

    At election November 2, 2010, amendments were adopted as follows:

    (1)

    Added § 22 to Art. IX, as carried until the election for the proposition by which this section was added to the Charter was ordered, adjudged and decreed void on October 29, 2015, in accordance with the decision in Dacus v. Parker, 466 S.W.3d 820, 822 (Tex. 2015).

    (2)

    Added § 23 to Art. IX, as now carried.

    (v)

    At election November 6, 2012, amendments were adopted as follows:

    (1)

    Repealed:

    § 2-a of Art. I.

    § 2-b of Art. I.

    §§ 14 and 14a of Art. II.

    ¶ 10 of § 16 of Art. II.

    ¶ 15 of § 16 of Art. II.

    § 10 of Art. IX.

    (2)

    Amended:

    § 10 of Art. V, to read as now carried.

    Art. VII-a, to read as now carried.

    Art. VII-b, to read as now carried.

    (w)

    At election November 3, 2015, amendments were adopted as follows:

    (1)

    Amended the first paragraph of § 5 of Art. V, to read as now carried.

    (2)

    Amended § 6a of Art. V, to read as now carried.

    (x)

    At election November 6, 2018, amendments were adopted as follows:

    (1)

    Added a section, which City Council placed in Art. IX as § 24, to read as now carried.

    (2)

    Added a new § 22 to Art. IX, to read as now carried.