Last week, council appointed a Home Rule Commission in order to facilitate a home rule charter for this city. Below is an excerpt from the Canton, Texas home rule charter worksheet that explains the basics of home rule.

What is home rule?

Texas cities operate under two different types of local government: (1) general law; and (2) home-rule.

General law cities are smaller cities (under 5,000 population) whose powers are limited by specific authority granted by Texas statues. They are restricted to doing what the state statues direct, or permits them to do. A specific grant of authority or permission must be provided in the statues to initiate a particular action or it may not be taken.

Home rule cities, on the other hand, are larger cities (population over 5,000) where citizens adopt a home rule charter to define the structure, power, duties, and authority of their local government. The legal position of home rule cities is the reverse of general law cities. Rather than looking to state statues to determine what they may do, home rule cities look to their local charters to determine what they may do. Thus, a home rule city may take any action that is not prohibited by the Texas Constitution or statues as long as the authority is granted in the charter of the city. Home rule cities have the inherent authority to do just about anything that qualifies as a “public purpose” which is not contrary to the Texas Constitution or laws of the state.

What is a city charter?

Home rule cities are required to write and adopt a charter. The charter, for all practical purposes, is the municipal constitution written and adopted by the citizens of the home rule city. The Charter defines and limits the powers, duties and responsibility of local government based on local preferences and desires. It defines the form of local government and establishes organizational provisions. The citizens determine the necessary controls over their city government such as elections, referenda, initiative and recall, and definition of the procedures to amend the Charter. Essential-ly, the City Charter describes and defines local government based on local preferences and controls as opposed to general laws which have been written to apply to more than 1,200 Texas cities.

What are the benefits of home rule?

Home rule has numerous benefits. There are at least five benefits significant benefits worth mentioning:

Home rule is self governance in its ultimate form. The charter, which defines the local government, is written by citizens and adopted by citizens of the home rule community. The community prepares its charter based on community norms, values and priorities. Unlike, the general laws of the state, which must address a multitude of conditions faced in many Texas communities, home rule communities are able to define for themselves what they want their local government to be.

Home rule communities have a variety of tools available to manage the affairs of city government. The charter provides a local response to the form of government desired by citizens; defines the structure of city government; establishes controls over city finances; and limitations on the powers of city government.

Initiative, referendum and recall are important tools which are reserved for use by local voters to remedy unusual situations. The home rule charter permits local citizens to define under what circumstances and requirements for a citizen or group of citizens may initiate actions to address unusual conditions.

As communities grow, they must deal with ever increasing complex issues. They must have flexibility in addressing those issues. The home rule charter provides the flexibility to address the complexity of local government. It is no coincidence that every city that has reached the 5,000 threshold has elected to pursue its own home rule charter as opposed to continuing to remain a general law city.

Once a charter has been adopted, the citizens retain control over the charter through the amendment process. This insures the citizens are always in a position to determine the form, power and authority of their city government.