RECALL OF OFFICERS.

Houston City Charter art. VII-a

in effect

Houston City Charter, art. VII-a, § 1 Scope of Recall.

Section 1. - Scope of Recall. The holder of any public office in the City of Houston, whether elected thereto by the people or appointed by the City Council, may be removed from office by recall. (Added by amendment October 15, 1913; amended November 6, 2012)

Houston City Charter, art. VII-a, § 2 Petition—Generally.

Section 2. - Petition—Generally. All petitions for recall of any officer of the City of Houston, shall be instituted by filing with the City Secretary a verified written petition requesting the removal of such officer, which said petition shall be signed by qualified voters of the City of Houston, in number not less than twenty-five per cent of the total votes cast calculated in accordance with Article V, Section 10 of this Charter, based on the votes cast city-wide if the officer sought to be recalled was elected city-wide, or if the officer sought to be recalled was elected by district, based on the votes cast in the district which the officer sought to be recalled currently serves. The signers of said petition shall also set opposite their respective names, the number of his residence, naming the street, and shall also state the day of the month and the year when such signature was affixed. (Added by amendment October 15, 1913; amended November 6, 2012)

Houston City Charter, art. VII-a, § 3 Form of Petition.

Section 3. - Form of Petition. The form of petition above provided for shall be as follows: TO THE MAYOR AND CITY COUNCIL OF THE CITY OF HOUSTON: We, the undersigned hereto, who are qualified voters of the City of Houston, request the removal of ___________ from the office of ___________ (petition shall set forth distinctly and specifically grounds showing or tending to show some ground of incompetency or unfitness for or misconduct or malfeasance in the office, upon which the petition for removal is predicated, and if there be more than one ground, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things which he will be called to answer). Said petition shall be signed by the requisite number of voters as provided by Section 2 of this Article. Each signature to said petition shall be proved or acknowledged as required of petitioners by Article IX, Section 3 of this Charter, or shall be verified as follows. STATE OF TEXAS § COUNTY OF HARRIS § I, ___________, being first duly sworn on oath depose and say: that I am one of the signers of the above petition, that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is a genuine signature of the person whose name it purports to be. Sworn to and subscribed before me this ___ day of ___________, 2___. /s/ Notary Public, State of Texas (Added by amendment October 15, 1913; amended November 6, 2012)

Houston City Charter, art. VII-a, § 3a Various Papers, Certifications, Filing.

Section 3a. - Various Papers, Certifications, Filing. The petition may consist of one or more papers circulated separately, and the signatures thereto may be upon the paper or papers containing the formal petition, or upon other papers attached thereto; each signer of a petition shall sign his name in ink or indelible pencil. The verification may be made by one or more petitioners, and the several parts of the petition may be verified separately and by different persons, but no signature to such petition shall remain effective or be counted which was placed thereon more than thirty days prior to the filing of such petition or petitions with the City Secretary. All papers and documents comprising a single petition shall be filed with the Secretary on the same day, and the Secretary shall immediately notify in writing the officers sought to be removed. (Added by amendment October 15, 1913)

Houston City Charter, art. VII-a, § 4 Objection to Petition.

Section 4. - Objection to Petition. Within ten days after the filing of petition, the incumbent whose removal is requested shall file with the City Secretary his objection in writing to the sufficiency of such petition, and he cannot thereafter contest its sufficiency upon any objection not so filed. Within ten days after exceptions have been filed, if the petition is filed to remove an appointee of the Council, then the City Council shall sit as a body to hear and determine the sufficiency of the objections, and the exceptions shall be sustained in the particulars in which the same are held to be sufficient, and the signers of said petition may amend said petition to meet the requirements of the ruling of the Council, and if the said objections go to the form and manner of the charge preferred it shall be necessary for said petition to be recirculated and signed anew, but if the objections go to the number of the signers, or the genuineness of the signatures, or the fact of the party signing being a qualified voter, and are sustained, then said petition shall be dismissed and the parties may immediately reinstitute a petition to remove said party. Any member or members of the City Council against whom a petition is directed shall not be eligible to act in the matter of the determination of the sufficiency of said objections, but the remainder of said Council, if constituting a majority shall serve and act therein, and a majority of the votes of those members of the Council acting on the sufficiency of the petition shall control; provided, that should the petition be directed against a majority of the members of the City Council then same shall be presented to and acted upon by one of the District Judges of Harris County, Texas, whose decision on the sufficiency of said petition shall be final, and who, if he shall sustain said petition shall order the Council to call a recall election to be held as provided in Section 7 hereof. Any exceptions or objections to the sufficiency of the petition must be specific and definite and no general objections will be entertained. (Added by amendment October 15, 1913)

Houston City Charter, art. VII-a, § 5 The Certificate of the Secretary.

Section 5. - The Certificate of the Secretary. On or before the thirtieth day after the date of filing of the petition the City Secretary shall certify to the City Council (a) the minimum number of signatures necessary to qualify the petition as calculated in accordance with Section 2 of this Article VII-a, and (b) the number of valid signatures on said petition, and shall present such petition and certificate to the Council. (Added by amendment October 15, 1913; amended November 5, 1991; amended November 6, 2012)

Houston City Charter, art. VII-a, § 6 Amendment of Petition.

Section 6. - Amendment of Petition. If the petition is insufficient in respect to the matters charged against the officer sought to be removed, it may be withdrawn by the person filing it, and amended as many times as desired within twenty days of the time when objections are sustained thereto. The duty of the Secretary shall be the same with respect to any amended petition as with the original petition. (Added by amendment October 15, 1913)

Houston City Charter, art. VII-a, § 7 Calling of Election.

Section 7. - Calling of Election. If the petition be signed as herein provided, and if it set forth the grounds of objection as provided in Section 3 hereof and same is not declared insufficient upon objection thereto as provided in Section 4 hereof, the Council shall within ten days after the final certification of the Secretary, unless the incumbent sought to be removed resigns within five days after such final certification, order a special election to be held on the next uniform date prescribed by the Texas Election Code to determine whether the incumbent sought to be removed should be recalled, provided that sufficient time remains to properly order and conduct such election, and if time is not sufficient for such election, the election shall be held on the next available uniform date prescribed by state law. (Added by amendment October 15, 1913; amended November 6, 2012)

Houston City Charter, art. VII-a, § 8 Result of Election: Petition to Recall.

Section 8. - Result of Election: Petition to Recall. If the person sought to be removed shall at said election be recalled, his tenure of office shall terminate upon the determination of the result of the election by the City Council, who shall examine, count and canvass the returns and declare the result as elsewhere provided in this Charter for other elections; and, if an appointed officer, his successor shall at once be appointed by the Mayor and City Council, as provided in this Charter, and if an elective officer, provision shall at once be made for the election of a successor to fill the vacancy, as elsewhere provided for in this Charter and State law. (Added by amendment October 15, 1913; amended November 6, 2012)

Houston City Charter, art. VII-a, § 9 Qualification of Recalled Officers.

Section 9. - Qualification of Recalled Officers. Any officer removed from office by recall election, or who shall resign from said office pending recall proceedings against him, shall not be appointed or elected to any city office or appointment within two years after his removal or resignation. (Added by amendment October 15, 1913)

Houston City Charter, art. VII-a, § 10 Joinder of Several Officers in One Petition.

Section 10. - Joinder of Several Officers in One Petition. Two or more officers subject to recall, as provided for in this amendment may be joined in one petition for removal, and one election may be held therefor. (Added by amendment October 15, 1913)

Houston City Charter, art. VII-a, § 11 Limitation on Filing Petition.

Section 11. - Limitation on Filing Petition. No petition for the recall of any officer shall be filed until eight months after the election or appointment and the qualification of such officer, nor shall there be more than one recall election in any one calendar year. (Added by amendment October 15, 1913; amended November 6, 2012)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=CH_ARTVII-AREOFFetched: 10/26/2026