The Attorney General of Texas 

JIM MATTOX 

Attorney General 

April 4, 1986 

Supreme Court Building 

P. 0. Box 12548 

Austin, TX. 78711.2543 

5121475-2501 

Telex 9101674.1387 

Telecopier 512I475-0266 

Honorable Clint ~a&my 

ChailtlUll 

Committee on Elect:&w 

Texas House of Representatives 

P. 0. Box 2910 

Austin, Texas 78769 

Opinion No. JM-466 

Re: Whether a home rule city 

may amend its ~charter within 

less than two fears of a previous charter amendment 

714 Jackson, Suite 700 

Dallas, TX. 75202.4506 

2141742-8944 

4824 Alberta Ave., Suite 160 

El Paso, TX. 799052793 

91515334464 

1001 Texas, Suite 700 

Houston, TX. 77002-3111 

7132235886 

608 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

8OW747.5238 

4309 N. Tenth. Suite B 

McAllen. TX. 78501-1685 

512/682-4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 782052797 

512l225-4191 

An Equal OppOrtUnitYI 

Affirmative Action Employer 

Dear Representative! Hackney: 

You ask the following question about the frequency with which a 

home rule city may amend its charter: 

May a home rule city seek to amend its charter 

on April 5, 1986 whan in fact it had sought to 

amend and did amend is charter by an election 

held on Ihpril 7. 1984? 

Article XI, swtion 5 of the Texas &stitution, which authorizes 

home rule for cities of more than 5,000 inhabitants, provides in part: 

Citiell having more than five thousand (5000) 

inhabitants may, by a majority vote of the 

qualified votirs of said city, at ao election held 

for that 'purpose, adopt or amend their charters, 

subject ':o such limitations as may be prescribed 

by the Legislature . . . and provided further, 

that no c!ity charter shall be altered. amended or 

repcam-bftener than every two years. (Emphasis 

added). 

Tex. Const. art. XI. 55. Article 1165, V.T.C.S., reiterates the 

constitutional reqrd.rements quoted above. 

Section 312.011 of the Government Code, which defines various 

cormon words used in. the civil statutes, provides as follows: 

The Eollowing definitions apply unless a 

different. meaning is apparent from the context of 

the statute in which the word appears: 

. . . . 

(18) 'Year' means a calendar year. 

p. 2134 
Honorable Clint Hackney - I'age 2 (JM-466) 

Under this statute and judicial constructions, "one year" maam "a 

calendar year." Seibert v. Sally, 238 S.W.Zd 266 (Tsx. Civ. App. - 

Galveston 1951, no A calendar year is 365 days or 366 in a 

leap year. Douglas v. Acacia Mutual Life Insurance Co., 118 S.W.Zd 

643 (Tex. Civ. App. - Waco-1938. writ ref'd). Thus, a suit to cancel 

a life insurance policy filed 011 February 29, 1936, was filed within 

one year of the policy's issuance on March 1, 1935. Id. See also 

McGaughy v. City of Richardson. 599 S.W.Zd 113 (Tex.Tv. App. - 

Dallas 1980, writ ref'd n-x ("[a] calendar month rum from the 

glveu day in one month to the day of the corresponding number in the 

next mouth"). 

Attorney General Opinion O-7211 (1946) determined the earliest 

date that a home rule city Icharter election could be held following a 

charter amendment election held on October 16, 1945. It concluded 

that another charter amendment election could not be held prior to 

October 16. 1947. 

In the case you inquire about , ths home rule city may not hold an 

election to amend its charter before April 7, 1986. An election held 

prior to that date will be invalid. See Cartledge v. Wortham, 153 S.W. 

297 (Tex. 1913); Clark v. Stubbs, 131 S.W.2d 663 (Tex. Civ.~ App. - 

Austin 1939, no writ);, V. Ingleside Independent School District, 

220 S.W. 350 (Tax. C1v.G: - Fort Worth 1920, writ dism'd); Attorney 

Gen&al Opinions MW-380 (1981); V-1109 (1950). 

It is suggested that article 1165, V.T.C.S., is in conflict with 

the statute designating the dates that elections may be held and that 

these provisions should be harmonized. Section 41.001 of the Election 

Code provides as follows: 

(a) Except as otherwise provided by this subchapter, each general or special election in this 

state shall be held on one of the following dates: 

(1) the third Saturday in January; 

(2) the first Saturday in April; 

(3) the second Saturday in August; or 

(4) the first Tuesday after the first 

Monday In November. 

Election Code 341.001 (art. 2.01 of the formar Election Code). The 

exceptions do not encompass 'home rule charter amendment elections. 

Article 1165, V.T.C.S., and section 41.001 of the Election Code 

are not in conflict. A city can comply with both provisions by 

holding the election on tht! first authorized date after the lapse of 

p. 2135 
Honorable Clint Aackney - :?age 3 (JM-466) 

two years. Article 1165:, V.T.C.S., does not provide that charter 

amendment elections be h'cld precisely two years apart. Moreover, 

article XI. section 5 of ,the Texas Constitution, which Imposes the 

tvo-year requirement, cauus't be amended by the enactsmut of a statute. 

See Tex. Const. art. XVII, $1; Mears v. State, 520 S.W.Zd 380 (Tex. 

%. .App. 1975); Attorney General Opinion M-874 (1971). Article XI. 

section 5 of the Texas Constitution and article 1165, V.T.C.S.. bar 

the hone rule city in ques~tion from holding an election to amend its 

charter prior to April 7. 1986. 

SUMMARY 

Article XI, section 5 of the Texas Constitution 

and article 116!i,, V.T.C.S.. bar a hone rule city 

from holding aa election to alter, amend, or 

repeal its city charter oftener than every two 

calendar years. A calendar year equals 365 days 

or 366 days in leap year. 

gzti 

HATTOX 

Attorney General of Texas 

JACK BIGETOWRR 

First Assistant Attorney General 

MARYKELLER 

Executive Assistant Attorney General 

ROBERT GRAY 

Special Assistant Attorney General 

RICX GIIPIN 

Chairmen, Opinion Cosmitttre 

Prepared by Susan L. Garr:lson 

Assistant Attorney General 

p. 2136