Could a Texas home-rule city give four-year terms to council members elected from single-member districts?
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This page answers the general question as of 1984. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-179: Four-Year Terms by District
Plain-English summary
JM-179 concluded that a Texas home-rule city could adopt four-year terms for municipal officials elected from single-member districts.
"A home rule city is authorized by article XI, section 11 of the Texas Constitution to adopt four-year terms for municipal officials elected from single-member districts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
The constitutional provision required members of the governing body to be elected by majority vote when the city used terms longer than two years. The opinion read that language as a majority-vote requirement, not an at-large election requirement.
"The purpose of the underscored language of the amendment was only to ensure that a majority vote, rather than a plurality vote, of the qualified voters so voting is necessary in an election for members of the governing body of a home rule city; the amendment was not intended to address whether such members were to be elected at large or by district."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
For a single-member district, the qualified voters were the voters living within that district.
"In a single-member district, the only 'qualified voters' are those persons who live within the geographical boundaries of that district."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Currency note
This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
How long could the city make the term?
Article XI, section 11 allowed a term longer than two years but no longer than four years.
"A Home Rule City may provide by charter or charter amendment ... for a longer term of office than two (2) years for its officers ... but not to exceed four (4) years."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Did all city voters have to vote on every council member?
No. The opinion said the provision did not prohibit election from only part of the municipality through a single-member district.
"Section 11 of article XI [does] not prohibit the adoption of four-year terms for municipal officials elected from only a portion of a municipality, i.e., single-member districts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
What vote threshold applied?
A majority of the qualified voters voting in the election.
"The language of section 11 requires only that any election for members of the governing body of a home rule city be by majority vote of the qualified voters so voting."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Why did the opinion mention voting-rights law?
It noted that federal law and court decisions had sometimes required single-member districts, and an interpretation penalizing compliance with that law could create constitutional problems.
"Federal statutes and judicial decisions ... in some instances, have required the adoption of single-member districts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Were single-member districts common when voters adopted the constitutional amendment?
JM-179 said they were not common in 1958 and therefore were not specifically within the voters' contemplation.
"When section 11 of article XI was approved by the voters in November 1958, single-member districts for city council members were not common."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Background and statutory framework
The request asked whether a home-rule city could amend its charter to provide four-year terms for council members elected from single-member districts.
"You ask whether a home rule city may amend its charter to provide for a four-year term for city council members if those officials are elected from single-member districts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Article XI, section 11 distinguished civil-service tenure from the terms of non-civil-service municipal officers and conditioned longer terms on majority-vote elections.
"A municipality so providing a term exceeding two (2) years but not exceeding four (4) years for any of its non-civil service officers must elect all of the members of its governing body by majority vote of the qualified voters in such municipality."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
The opinion found its reading consistent with federal statutes and decisions addressing single-member districts.
"Our construction of article XI, section 11 is consistent with federal statutes and judicial decisions which, in some instances, have required the adoption of single-member districts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Citations and references
- Article XI, section 11 supplied the municipal-term and majority-vote provisions interpreted by JM-179.
"A Home Rule City may provide by charter or charter amendment ... for a longer term of office than two (2) years ... but not to exceed four (4) years."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
- Beer and Allen appeared in the opinion's discussion of federal requirements for single-member districts.
"Federal statutes and judicial decisions ... in some instances, have required the adoption of single-member districts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0179
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0179.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
Supreme Court Building Honorable William P. Hobby opinion No.JM-179
P. 0. Box 12546
Austin, TX. ?0?ll- 2546
Lieutenant Governor I>:!
Texas
5121475-2501 P. 0. Box 12068, Cap:L,:ol
Station Re: Whether a home rule city
Telex 9101674-1367 Austin, Texas 78711 may provide for a four-year
Telecopier 512475.0266 term for officials of single-
member districts
714 Jackson, Suite 700
Dallas, TX. 75202-4506 Dear Governor Hobby:
214/742-6944
You ask whether ,rhome rule city may amend its charter to provide
for a four-year term for city council members if those officials are
4024 Alberta Ave., Suite 160
El Paso, TX. 79905.2793
elected from single-:n,?mber
districts.
9151533.3464
Section 11 of wticle XI of the Texas Constitution provides, In
pertinent part:
~- 1 Texas, Suite 700
.auston, TX. 77002-3111
A Home Rule City may provide by charter or
7131223~5666
charter awndment, and a city, town or village
operating cnder the general laws may provide by
606 Broadway. Suite 312 majority v3ce of the qualified voters voting at an
Lubbock. TX. 79401.3479 election crlled for that purpose, for a longer
6061747-5238
term of office than two (2) years for its
officers, either elective or appointive, or both,
4309 N. Tenth, Suite S but not t) exceed four (4) years; provided,
McAllen, TX. 76501.1665 however, that tenure under Civil Service shall not
5121682.4547
be affected hereby.
200 Main Plaza, Suite 400 . . . .
San Antonio, TX. 76205.2797
5121225-4191 A munic:i.palityso providing a term exceeding
two (2) vears but not exceedina four (4) years for
An Equal Opportunity/
any of itrlnon-civil service officers must elect
Atfirmative Action Employer all of t’x members of its governing body by
majority %e of the qualified voters in such
municipali’e ‘. . . . (Emphasis added).
When section 11 of article XI was approved by the voters in
November 1958, singI:-member districts for city council members were
not common. Thus, it was clearly not within the contemplation of the
voters, in approving the amendment, to rule out the possibility of
four-year terms for persons elected from single-member districts. The
purpose of the underscored language of the amendment was only to
ensure that a majorj.ty vote, rather than a plurality vote, of the
Honorable William P. Hobby - I'r,ge
2 (JM-179)
qualified voters so voting is :lecessaryin an election for members of
the governing body of a home r%,lecity; the amendment was not intended
to address whether such members were to be elected at large or bv
district. See Braden, ed., The,Constitution of the State of Texas: An
Annotated andcomparative An$s&, Vol. II, p. 701.
We note that the amendrent declares that, when a municipality
adopts four-year terms, its c~nuxilmen must be selected by majority
vote of the "qualified v,):ers in such municipality." In a
single-member distrfct, the only "qualified voters" are those persons
who live within the geograpbkal boundaries of that district. We
therefore construe section 1:. of article XI as not prohibiting the
adoption of four-year terms for municipal officials elected from only
a portion of a municipalit>,, i.e., single-member districts. The
underscored langugage of sectl.onT requires only that any election
for members of the governing body of a home rule city be by majority
vote of the qualified voters sicvoting.
Our construction of art:L:le XI, section 11 is consistent with
federal statutes and judicial t,ecisionswhich, in some instances, have
required the adoption of si.r;gle-memberdistricts. See 42 U.S.C.
§1973c, et seq.; ~Beer v. Un:L::edStates, 425 U.S. 1307141 (1976);
Allen v. State Board of Elections, 393 U.S. 544, 569 (1969). An
interpretation of the amendml?llt which ruled out the nossibilitv of
four-year terms for persons elected from single-member districts would
unnecessarily penalize a cit:r which complied with federal law, and
thus might itself run afoul cf the United States Constitution. We
conclude that a home rule city is authorized to adopt four-year terms
for municipal officials electr,Cfrom single-member districts.
J-U M M A R Y
A home rule city is authorized by article XI,
section 11 of the Texas Constitution to adopt
four-year terms for municipal officials elected
from single-member i,jstricts.
JIM MATTOX
Attorney General of Texas
TOM GRERN
First Assistant Attorney Gener,rl
DAVID R. RICHARDS
Executive Assistant Attorney Ckneral
Honorable William P. Hobby - Psge 3 (JM-179)
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
p. 793
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