General\State Law versus Home Rule Law

Unlike General Law cities, which look to the State to tell them what they may do, Home Rule cities look to the Texas Constitution and State laws to see what they are forbidden to do. Home Rule was established by Texas voters in 1912 and enabling legislation was passed in 1913.

Home rule cities have the distinction of being allowed to adopt their own government charters, which (among other things) allow them to levy higher taxes than general law cities.

The major distinction between the two is that a General Law city can ONLY do what the legislature, through law, allows them to do. A Home Rule city, on the other hand, can pass any regulations or laws it deems necessary unless the state law prohibits it.

From TML (Texas Municipal League):

https://www.tml.org/DocumentCenter/View/244/Types-of-Texas-Cities-PDF

Page 9: 

City of Aledo, Home Rule Charter: 

https://www.aledotx.gov/home-rule-charter-commission/files/home-rule-charter-document

Page 6 and Page 7

During the Aledo City Council Meeting on September 28, 2023 many concerned citizens expressed there displeasure of Councilman Christian Pearson not living in the City Limits. Our investigation suggest that Mr. Pearson has not lived within the city limits since the end of June 2023 based on voter records. 

Aledo City Attorney Alicia K. Kreh, spoke during public comment and stated that there is state and case law that supports what she called "the intent law" and if a Council Member moves out of the city limits but intends to move back in the city limits there is nothing that can be done to remove the council member. 

After the meeting we contacted another Attorney that specializes in this area of law. What we where told was that State (General) Law (cities that do not have a home rule charter) does not apply to this situation as we are a Home Rule Charter city. Not only are we Home Rule, but our charter has specific language and course of action to be taken in this situation. 

If we understand correctly, General (State) Law does not supersede our Home Rule Charter unless the charter violates State Law. TEX ELEC CODE 143.003

We would like a explanation from Mrs. Kreh. 

We have a theory as to why the city has taken this position and as per our Home Rule Charter if a vacancy occurs with more than 12 months remaining in term, then a special election must be held within 120 days to fulfil the vacancy. If there is less than 12 months Council may appoint a qualified person to fill the unexpired term. 

Our interpretation of the home Rule Charter (copies are provided on this post) Mr. Pearson should have resigned from the City Council the moment he moved outside the city limits. AS per charter, he was no longer qualified to serve. 

#DefendAledo #RulesForTheeAndNotForMe #RecallNickStanley