Title
Discuss and consider items requested for review by the City Attorney.
Body
DISCUSSION:
The City Attorney will provide information regarding the following items discussed at the May 20, 2026, Charter Review Committee meeting.
1. Determine whether grammatical and spelling errors can be made without being placed on the ballot for a Charter amendment.
According to the City Attorney, Texas law provides that grammatical or punctuation errors do not invalidate a law. Section 312.012 of the Texas Government Code states that if a sentence or clause is rendered unclear due to a grammatical error, words or clauses may be transposed to give the provision meaning. The statute further provides that punctuation does not control or affect legislative intent. While state law allows for the interpretation of provisions despite such errors, the Charter Review Committee may wish to consider a charter provision that authorizes administrative corrections of grammatical, typographical, or punctuation errors to improve clarity and consistency without altering the substantive meaning or intent of the Charter.
Proposed language has been outlined below.
Sec. 9.21. - Charter renumbering.
The City Council shall have the power, by ordinance, to renumber articles, sections, subsections, and subparagraphs of this Charter or any amendment thereto, and to correct grammatical or punctuation errors, as it shall deem appropriate. [Underlined language added]
2. Can residency requirements for being on the City Council be strengthened in the Charter?
Current language in the Charter reads as follows:
Section 2.02 - Qualifications; code of ethics; removal from office.
The members of the Council shall be qualified voters of the City who have been residents of the City for at least one (1) year and, except for the mayor, a resident of the Councilmember district from which the person seeks election for at least six (6) months, prior to the date of election and who shall never have been convicted of a felony offense. A person elected to office of Councilmember from a district must continuously reside in the district during the person's term of office. Members of the Council shall hold no other public office except that of a Notary Public or they may be a member of the National Guard or naval or military reserve. When any elective or appointed official of the City, including members of appointed commissions or boards, files for election for any elected office or position, including but not limited to Federal, State, County or City office, other than the position presently held by that person and where the term of said position does not expire either before or simultaneously with the commencement of the term of the office or position that is being sought, his or her existing office shall be deemed vacated as of the date of filing. A former employee of the City shall not be eligible to be elected or appointed to the Council until at least two (2) years has elapsed since the termination of such person's employment with the City.
According to the City Attorney, under Texas law, residency is generally determined by an individual's domicile, defined in the Texas Election Code as a person's home and fixed place of habitation to which they intend to return after any temporary absence. Residency is a fact-specific determination that requires consideration of both physical presence and intent, with each case evaluated based on its unique circumstances. Texas courts have consistently recognized that a person may maintain residency despite extended periods of absence if the intent to return remains. Because residency is governed by state law and established legal precedent, there may be limited ability for a charter provision to impose additional requirements beyond those already recognized under Texas law.
3. Remote Attendance
Remote attendance is addressed by Council-adopted Rules of Procedure outlined below. However, should the Committee want to consider alternate language, a sentence has been added for consideration related to the number of meetings attended in person. The 50% over 6 months are terms that may be considered or reconsidered by the Committee.
“Councilmembers must attend meetings in person; except in the event of a declared emergency, a member of the council not physically present at a meeting shall be regarded as absent.” [Sec. 2.02(d)] (d)
. . . “fails to attend three (3) regular meetings, or 25% of the regular meetings in any six (6) month period, or 50% of regular or special meetings in person in any six (6) month period, without being excused by the City Council, . .” [Sec. 2.02(c)(6)]