INITIATIVE, REFERENDUM, AND RECALL.

Austin City Charter art. IV

in effect

Austin City Charter, art. IV, § 1 POWER OF INITIATIVE.

§ 1. - POWER OF INITIATIVE. The people of the city reserve the power of direct legislation by initiative, and in the exercise of such power may propose any ordinance, not in conflict with this Charter, the state constitution, or the state laws except an ordinance appropriating money or authorizing the levy of taxes. Any initiated ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to the number of signatures required by state law to initiate an amendment to this Charter.

Austin City Charter, art. IV, § 2 POWER OF REFERENDUM.

§ 2. - POWER OF REFERENDUM. The people reserve the power to approve or reject at the polls any legislation enacted by the council which is subject to the initiative process under this Charter, except an ordinance which is enacted for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency, and which is adopted by the favorable votes of eight or more of the council members. Prior to the effective date of any ordinance which is subject to referendum, a petition signed by qualified voters of the city equal in number to the number of signatures required by state law to initiate an amendment to this Charter may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters as herein provided. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 3 FORM AND VALIDATION OF A PETITION.

§ 3. - FORM AND VALIDATION OF A PETITION. A petition under section 1 or section 2 of this article is subject to the requirements prescribed by state law for a petition to initiate an amendment to this Charter, and shall be in the form and validated in the manner prescribed by state law for a petition to initiate an amendment to this Charter. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 4 COUNCIL CONSIDERATION AND SUBMISSION TO VOTERS.

§ 4. - COUNCIL CONSIDERATION AND SUBMISSION TO VOTERS. When the council receives an authorized initiative petition certified by the city clerk to be sufficient, the council shall either: (a) Pass the initiated ordinance without amendment within 10 days after the date of the certification to the council; or (b) Order an election and submit said initiated ordinance without amendment to a vote of the qualified voters of the city at a regular or special election to be held on the next allowable election date authorized by state law after the certification to the council. When the council receives an authorized referendum petition certified by the city clerk to be sufficient, the council shall reconsider the referred ordinance, and if upon such reconsideration such ordinance is not repealed, it shall be submitted to the voters at a regular or special election to be held on the next allowable election date authorized by state law after the date of the certification to the council. Special elections on initiated or referred ordinances shall not be held more frequently than once each six months, and no ordinance on the same subject as an initiated ordinance which has been defeated at any election may be initiated by the voters within two years from the date of such election. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 5 BALLOT FORM AND RESULTS OF ELECTION.

§ 5. - BALLOT FORM AND RESULTS OF ELECTION. The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, "For the Ordinance" and "Against the Ordinance." Any number of ordinances may be voted on at the same election in accordance with the provisions of this article. If a majority of the votes cast is in favor of a submitted ordinance, it shall thereupon be effective as an ordinance of the city. An ordinance so adopted may be repealed or amended at any time after the expiration of two years by favorable vote of at least three-fourths of the council. A referred ordinance which is not approved by a majority of the votes cast shall be deemed thereupon repealed. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 6 POWER OF RECALL.

§ 6. - POWER OF RECALL. The people of the city reserve the power to recall any member of the council and may exercise such power by filing with the city clerk a petition, signed by qualified voters of the territory from which the council member is elected, equal in number to at least 10 percent of the qualified voters of the territory from which the council member is elected, demanding the removal of a council member. The petition shall be signed and verified in the manner required for an initiative petition, shall contain a general statement of the grounds for which the removal is sought, and one of the signers of each petition paper shall make an affidavit that the statements therein made are true. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 7 RECALL ELECTION.

§ 7. - RECALL ELECTION. Within 20 days after a recall petition is filed, the city clerk shall examine the same. The provisions regulating examination, certification, and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the city clerk to be sufficient and the council member whose removal is sought does not resign within five days after the certification to the council, the council shall order and hold a recall election in the territory from which the council member is elected on the first authorized election date that allows sufficient time to comply with other requirements of law. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 8 RECALL BALLOT.

§ 8. - RECALL BALLOT. Ballots used at recall elections shall conform to the following requirements: (1) With respect to each person whose removal is sought, the question shall be submitted "Shall (name of council member) be removed from the office of city council member?" (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of (name of council member)." "Against the recall of (name of council member)." Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 9 RESULTS OF RECALL ELECTION.

§ 9. - RESULTS OF RECALL ELECTION. If a majority of the votes cast at a recall election shall be against removal of the council member named on the ballot, he or she shall continue in office. If the majority of the votes cast at such election be for the removal of the council member named on the ballot, the council shall immediately declare his or her office vacant and such vacancy shall be filled in accordance with the provisions of this Charter for the filling of vacancies. A council member thus removed shall not be a candidate to succeed himself or herself in an election called to fill the vacancy thereby created. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Austin City Charter, art. IV, § 10 LIMITATION ON RECALL.

§ 10. - LIMITATION ON RECALL. No recall petition shall be filed against a council member within six months after he or she takes office, and no council member shall be subject to more than one recall election during a term of office. Source: Ord. No. 20180809-113, Pt. 7, 8-20-18/election of 11-6-18.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=CH_ARTIVINREREFetched: 10/27/2026