What is the City Charter and how does it change?

What is the City Charter?

Austin is a “home-rule” city under the Texas Constitution, which means its residents can write their own basic rules of government instead of using a standard form set by the state. That document is the City Charter. It works like a city constitution: it sets up the City Council and its districts, the City Manager, the City Auditor, elections, and how the city can borrow and spend money.

Ordinary city laws are called ordinances. The council can pass, change or repeal an ordinance with a vote. The charter is above ordinances: the council can’t change it alone, and every change has to be approved by voters.

The charter also can’t conflict with state law. When the Texas Legislature passes a law that covers the same ground, the state law wins, and the conflicting charter language stops having any effect even though it stays in the document until voters remove it.

How does a charter amendment get on the ballot?

Texas law (Local Government Code §9.004) gives two ways:

  • The City Council votes to put it on the ballot. Most amendments start this way, often after a Charter Review Commission recommends them.
  • Residents petition for it. If enough registered voters sign a petition (5% of the city’s qualified voters or 20,000, whichever is fewer), the council must put the amendment on the ballot as written.

State law also limits how often a city can amend its charter: no more than once every two years. That’s why Austin tends to bundle several amendments into one election.

Why do charter amendments matter?

Because only voters can change the charter, putting a rule in the charter makes it much harder to undo than putting it in an ordinance. That’s the main reason groups petition for charter amendments instead of asking the council for an ordinance. It cuts both ways: a good rule is protected from a future council, and a bad one is stuck there until voters fix it.