OUR TOWN
Home rule, general law city's basis quite different
MAYOR PHILLIP SPENRATH

In recent weeks, several citizens have inquired about the phrase "homerule" city. El Campo is a home-rule city where we as citizens have a voice in determining how our local government operates and is controlled.

Texas cities operate under two different types of local government: General Law and Home Rule.

General law cities are cities with a population under 5,000 whose powers are limited; they operate only according to specific state statutes that define their powers and duties. They are restricted to doing what the state directs or permits them to do. If a general law city has not been granted the expressed or implied power by the state to initiate a particular action, none may be taken.

Home rule cities are cities with populations of more than 5,000 in which citizens have adopted home rule charters. The legal position of home rule cities is the reverse of general law cities. Rather than looking to state law to determine what they may do, as general law cities must, home rule cities look to the state constitution and state statutes to determine what they may not do. When a proposed home rule city action is prohibited by the state, the city generally cannot proceed.

Concerning the ongoing annexation litigation filed against El Campo, your City Council has been counseled that state statutes and existing state laws governing municipal annexation procedures supersede, and consequently prohibit any action associated with de-annexation petitions and referendums.

As stated at our recent court hearing, if existing state laws prohibit individual citizens from annexing new areas by way of petitions (initiative proceeding), then likewise, individuals cannot de-annex an area by signing petitions (referendum proceedings).

Home rule cities have the inherent authority to do just about anything that qualifies as a "public purpose" provided it is not contrary to the Texas Constitution or laws of the state.

Home rule cities are required to write and adopt a charter that defines and limits the powers, duties and responsibility of local government based on local preferences and desires.

Through charter provisions, citizens can determine the necessary controls over their city government such as elections, referendum, initiative and definition of the procedures needed to amend the charter.

Some of the benefits enjoyed by home rule cities are:

Self governance - our local charter, which defines the local government, is written and adopted by our citizens and is based on El Campo's community norms, values and priorities. Unlike general law cities, which are defined by state norms and conditions, home rule communities are able to define for themselves what they want their local government to be.

Self management - our local charter defines the structure of city government; establishes controls over city finances; and limitations on the powers of city government.

Flexibility - as El Campo grows, we must deal with ever increasing complex issues. Provided that our ordinances do not conflict with state laws, our home rule charter allows the citizens of El Campo to determine the form, power and authority of our local city government.

As your mayor, one of my primary goals has and will continue to be providing every citizen with credible information along with open access to your City Government.

El Campo is entering a very exciting period of economic growth and development.

Home rule is our privilege as citizens, at the grassroots level, to manage our own affairs with minimal interference from the state. Home rule assumes that governmental problems should be solved at the lowest possible level, closest to the people.

- Comments or questions may be addressed to askthemayor@sbcglobal. net.