City of Shenandoah reviews home rule charter options as population increases

Shenandoah City Council members on Sept. 9 reviewed a presentation on home-rule city charters, a process available to cities with more than 5,000 residents that would provide broad authority to govern local affairs, subject to the Texas Constitution and state law.

There was no further discussion or vote on the matter at the meeting. Shenandoah currently has fewer than 5,000 residents, according to information from the city.

Community Impact previously reported on discussions about home rule in Shenandoah in 2016, and the city has seen continued development in several areas over the past decade.

What you need to know

The presenter, James Thurmond from The University of Houston Public Policy Program, said the benefit of the process is that it gives officials more flexibility within local government. The city of Shenandoah is currently a general-law city with approximately 4,000 people, according to the city website. A general-law city can exercise only powers granted to it by Texas state law, Thurmond said.

Reported advantages to home rule highlighted in the presentation include:

• Greater autonomy

• More flexibility

• Broader powers

• Local innovation

However, Thurmond said potential disadvantages could include:

• Legal challenges to city ordinances

• Maintenance and periodic amendment of the charter

• Greater administrative complexity and need for legal review and governance expertise

• Greater risk of state preemption if ordinances conflict with state law

How it works

The process to become a home-rule city requires six steps that can take 6-12 months depending on election dates, according to the presentation.

The steps include:

• Eligibility

• Calling the charter commission election

• Appointment or election of the charter commission and commission membership

• Drafting the charter

• Charter election

• Adoption

Before you go

Thurmond said the most significant legal change for the city to adopt home rule would be its source of authority. General-law cities can only exercise powers authorized by the Legislature; however, home-rule cities can exercise powers not prohibited by the Texas Constitution or state law.

Several new developments in the city were recently announced, including a new development on Wellman Road and the Residences at Metropark apartment complex, which could bring additional population growth to Shenandoah in the future, making it eligible for a home-rule charter if its population exceeds 5,000.