In a lengthy meeting on February 10, Katy’s city council debated potential changes to the city’s home rule charter and approved a special election in May for voters to decide on potential amendments.
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In a lengthy meeting on February 10, Katy’s city council debated potential changes to the city’s home rule charter and approved a special election in May for voters to decide on potential amendments.
A home-rule city charter is the fundamental law of a home-rule city, according to the Texas Municipal League. Its relationship to the city is similar to the Constitution and the laws of the State. However, a city charter may not contain any provision inconsistent with the Texas Constitution or state law. Katy’s charter was adopted in 1981, city officials said during Monday night’s meeting.
The potential amendments to the charter for the City of Katy were first introduced by Councilmember Dan Smith at the January 27 council meeting, then sent to city staff city staff to be drafted as an ordinance calling for an election for six proposed charter amendments. The changes would define term limits for the mayor and council members, limit the mayor’s power to dismiss department heads and strengthen the position of mayor pro tem. The proposed changes would not go into effect unless approved by voters in May.
Smith’s initial motion came after council had approved the report of the city’s Charter Review Commission in the January 27 meeting. The commission, which met in December, had recommended no changes to the charter.
Smith’s call for changes created a firestorm on social media and prompted a number of citizens to come to Monday night’s meeting to speak during public comments in opposition to the changes. Most speakers supported term limits, and many blasted the process for now bringing the amendments forward via council action rather than through the charter review commission. Speakers included Shari Boothe, Lynn Freeman and former mayor Skip Connor, all of whom currently serve on the charter review commission, as well as former mayors Chuck Brawner, Doyle Callender, Don Elder and Hank Schmidt, former mayor pro tem Durran Dowdle and current mayoral candidate Michael Payne. Boothe also read a letter from former mayor Bill Hastings during her time at the microphone, which cited his opposition to the changes.
After public comments, council discussed the proposed amendments individually, revising language and clarifying term limits. Four charter amendments were approved to be presented to voters in May:
· Allowing the Mayor Pro Tem to retain voting privileges and council membership to constitute a quorum in the absence of the mayor but removing veto power from the mayor pro tem when acting in the absence of the mayor. Approved 5-0.
· Vacancy provision for the mayor and council
o Requiring the mayor to step down if running for another position while still in office if the unexpired term does not exceed one year and 30 days. Approved 3-2.
o Requiring a council member to step down if running for another position while in office if the unexpired term does not exceed one year and 30 days. Approved 3-2.
· Limiting the mayor’s power to remove appointed city department heads from office without confirmation from city council. Approved 5-0.
· Term limits -- limiting council member terms to no more than four consecutive three-year terms, with any consecutive terms counting toward the four-year limit. Approved 3-2.
A portion of the term limit amendments -- removing all term limits altogether for the mayor’s position and for the council positions — each failed 0-5.
A sixth amendment brought forth by Smith, which would have changed the length of the mayor’s term to four years in order to match the proposed council terms, also failed.
The city’s attorney, Bridgette Begle of Olson & Olson LLP, said that the election had to be called by Friday, February 14, in order for the matter to be sent to the voters. She also advised council that, under the Texas constitution, charter amendments could only be voted on every two years, stating that if an election were held this May, another charter vote could not take place until 2027.
Smith said that the proposed amendments could have waited until the 2026 election, but that timing would be “interesting” since at that point three council seats will be open. “We effectively have no term limits right now,” he said. “I don’t see a reason why we would put off to put off until tomorrow what we can do today.”
The election, in which Mayor Dusty Thiele will also be facing challenger Michael Payne for the mayor’s seat, will take place on Saturday, May 3, 2025.
The next meeting of Katy’s city council will be February 24 at 6:30 at City Hall, 901 Avenue C in Katy.