City's Response To Scott's Petition

ACCEPTED
13-17-00148-CV
THIRTEENTH COURT OF APPEALS
CORPUS CHRISTI, TEXAS
3/22/2017 4:51:11 PM
Dorian E. Ramirez
CLERK
NO. 13-17-00148-CV
_____________________________________________________________
In The Thirteenth Court Of Appeals

Corpus Christi, Texas
_____________________________________________________________
IN RE MARK SCOTT,
Relator
______________________________________________________________
ORIGINAL PROCEEDING
______________________________________________________________
RESPONSE TO RELATORS
PETITION FOR WRIT OF MANDAMUS
_________________________________________________________________
Art Pertile, III OLSON & OLSON, L.L.P.

State Bar No. 15815200 Wortham Tower, Suite 600
apertile@olsonllp.com 2727 Allen Parkway
Charles Williams Houston, Texas 77019
State Bar No. 21518000 Telephone: (713) 533-3800
cwilliams@olsonllp.com Facsimile: (713) 533-3888
Eric C. Farrar
State Bar No. 24036549
efarrar@olsonllp.com
ATTORNEYS FOR RESPONDENT, REBECCA HUERTA,

IN HER OFFICIAL CAPACITY AS THE CITY SECRETARY OF
THE CITY OF CORPUS CHRISTI, TEXAS
TABLE OF CONTENTS
TABLE OF CONTENTS ...........................................................................ii
APPENDIX .............................................................................................. iii
INDEX OF AUTHORITIES ..................................................................... iv
RESPONSE TO ISSUES PRESENTED .................................................. vi
STATEMENT OF FACTS ......................................................................... 1
SUMMARY OF ARGUMENT ................................................................... 6
ARGUMENT ............................................................................................. 8
PRAYER .................................................................................................. 20
CERTIFICATION.................................................................................... 21
CERTIFICATE OF COMPLIANCE........................................................ 22
CERTIFICATE OF SERVICE................................................................. 22
ii
APPENDIX
A. Ordinance No. 028733, calling for 2010 Charter election
B. Ordinance No. 028838, canvassing and declaring result of 2010

Charter election
C. City of Corpus Christi Charter, Article II, as of November 2006
D. City of Corpus Christi Former Mayors and Council Members
E. Tex. Const.
Art. XI, 5
Art. XI, 11
F. Tex. Elections Code

41.001
41.0052
145.003
273.061
G. Tex. Govt Code 311.016
H. Act of September 27, 1986, 69th Leg., 3d C.S., ch.14, 37, 1986
Tex. Gen. Laws 577, 586.
I. Act of July 16, 1987, 70th Leg., 2d C.S., ch. 60, 3, 1987 Tex. Gen.
Laws 198, 199, repealed by Act of May 25, 2009, 81st Leg., R.S.,
ch. 656, 2009 Tex. Gen. Laws 1472, 1472.
J. Act of May 25, 2009, 81st Leg., R.S., ch. 656, 2009 Tex. Gen. Laws
1472, 1472.
K. Act of May 5, 2009, 81st Leg., R.S., ch. 27, 1, 2009 Tex. Gen.
Laws May 13, 2009, amended by Act of May 17, 2011, 82d Leg.,
R.S., ch. 505, 1, 2011 Tex. Gen. Laws 1262, 1262.
iii
INDEX OF AUTHORITIES
CASES
Atascosa County v. Atascosa County Appraisal Dist.,

990 S.W.2d 255 (Tex. 1999) ............................................................. 9, 11
BCCA Appeal Group, Inc. v. City of Houston,

496 S.W.3d 1 (Tex. 2016) ................................................................. 9, 12
Brown v Meyer,
787 S.W.2d 42 (Tex. 1990) ................................................................... 14
City of San Antonio v. City of Boerne,

111 S.W.3d 22 (Tex. 2003) ......................................................... 9, 10, 11
Crosstex Energy Servs., L.P. v. Pro Plus, Inc.,

430 S.W.3d 384 (Tex. 2014) ................................................................. 14
Dall. Merch.s & Concessionaires Assn,

852 S.W.2d 489 (Tex. 1993) ................................................................. 15
In re Arnold,
443 S.W.3d 269 (Tex. App.Corpus Christi 2014, no pet.) ............ 9, 10
In re Peacock,
421 S.W.3d 913 (Tex. App.Tyler 2014, orig. proceeding) ............ 8, 19
Lower Colorado River Auth. v. City of San Marcos,

523 SW 2d, 642 (Tex. 1975) ................................................................. 15
State v. Gonzalez,
82 S.W.3d 322 (Tex. 2002) ..................................................................... 9
Walker v Packer,
827 S.W.2d. 833 (Tex. 1992) ............................................................ 8, 19
iv
STATUTES
Tex. Const. art. XI, 11 .......................................................................... 15
Tex. Const. art. XI, 5 .................................................................. 5, 14, 15
Tex. Elec. Code Ann. 145.003 ............................................................... 10
Tex. Elec. Code Ann. 273.061 ................................................................. 8
Tex. Elec. Code Ann. 41.001 ......................................................... passim
Tex. Elec. Code Ann. 41.0052 ....................................................... passim
Tex. Govt Code Ann. 311.016 ............................................................... 16
OTHER AUTHORITIES
Act of July 16, 1987, 70th Leg., 2d C.S., ch. 60, 3, 1987 Tex. Gen. Laws
198, 199, repealed by Act of May 25, 2009, 81st Leg., R.S., ch. 656,
2009 Tex. Gen. Laws 1472, 1472 ........................................................... 2
Act of May 25, 2009, 81st Leg., R.S., ch. 656, 2009 Tex. Gen. Laws 1472,
1472 ........................................................................................................ 2
Act of May 5, 2009, 81st Leg., R.S., ch. 27, 1, 2009 Tex. Gen. Laws
May 13, 2009, amended by Act of May 17, 2011, 82d Leg., R.S., ch.
505, 1, 2011 Tex. Gen. Laws 1262, 1262 ............................................ 3
Act of September 27, 1986, 69th Leg., 3d C.S., ch.14, 37, 1986 Tex.
Gen. Laws 577, 586 ................................................................................ 1
City Charter of the City of Corpus Christi Article II ..................... passim
v
RESPONSE TO ISSUES PRESENTED
The City Secretary has no duty to place Mark Scotts name on the
May 2017 ballot for the office of Mayor of the City of Corpus Christi,
Texas because he is ineligible for such office under the City Charter and
laws of Texas.
vi
STATEMENT OF FACTS
Article II of the City Charter of the City of Corpus Christi (the
Charter) was amended by an election in 1992 to provide for term
limits on the City Council.
No person shall serve more than four two-year terms

consecutively as a council member, or four two-year terms
consecutively as mayor, or six two-year terms consecutively
in any combination of such offices. A person who has
reached the limitation on terms shall be eligible for election
or appointment to the city council after not serving on the
city council for one term of office. (This provision shall take
effect beginning with the terms of office commencing in April
1993. Terms of office served prior to such date shall not
count toward this limitation.)
Relators Appendix 5.
Following the establishment of these 1992 term limits, a number
of Council Members served multiple terms on City Council, including
Relator. Relator served on the City Council for four consecutive terms
beginning April 1999,1 April 2001, April 2003, and April 2005.
1The Texas Legislature changed the April uniform election date from April to
May in 1986. Act of September 27, 1986, 69th Leg., 3d C.S., ch.14, 37, 1986
Tex. Gen. Laws 577, 586. However, an exception allowed the City of Corpus
Christi to continue to conduct general elections in April of odd-numbered
years. Act of July 16, 1987, 70th Leg., 2d C.S., ch. 60, 3, 1987 Tex. Gen.
1
Appendix D. The Relator did not serve on the City Council for the term
of April 2007 to April 2009. Appendix D. In April 2009, Relator was
elected again to the City Council for the first of the four consecutive
terms that are the subject of this Proceeding. Relators Appendix 912.
Prior to 2010, the City of Corpus Christi conducted elections in
April. Act of July 16, 1987, 70th Leg., 2d C.S., ch. 60, 3, 1987 Tex.
Gen. Laws 198, 199, repealed by Act of May 25, 2009, 81st Leg., R.S., ch.
656, 2009 Tex. Gen. Laws 1472, 1472 (formerly codified at Tex. Elec.
Code 41.0051); Appendix C (Article II, 1(b)). The Texas Legislature,
however, repealed the authorization for the City to use the April
election date and mandated that elections be held only on certain,
uniform dates (in May and November). Act of May 25, 2009, 81st Leg.,
R.S., ch. 656, 2009 Tex. Gen. Laws 1472, 1472; Tex. Elec. Code Ann.
41.001(a) (West, Westlaw through 2015 R. Sess.).
The Texas Legislature also amended the Texas Election Code to
provide a deadline for Changing General Election Date.
Laws 198, 199, repealed by Act of May 25, 2009, 81st Leg., R.S., ch. 656, 2009
Tex. Gen. Laws 1472, 1472 (formerly codified at Tex. Elec. Code 41.0051).
2
The governing body of a political subdivision, other than a
county, that holds its general election for officers on a date
other than the November uniform election date may, not
later than December 31, 2010, change the date on which it
holds its general election for officers to the November
uniform election date.
Act of May 5, 2009, 81st Leg., R.S., ch. 27, 1, 2009 Tex. Gen. Laws
May 13, 2009, amended by Act of May 17, 2011, 82d Leg., R.S., ch. 505,
1, 2011 Tex. Gen. Laws 1262, 1262.
As part of the directive to change the Citys election dates, the
Legislature required the City to adjust terms of office accordingly.
A governing body changing an election date under this

section shall adjust the terms of office to conform to the new
election date.
Tex. Elec. Code Ann. 41.0052(b) (West, Westlaw through 2015
R. Sess.).
On August 24, 2010, acting under the duty imposed by Sections
41.001(a) and 41.0052(b), City Council enacted Ordinance 028733,
ordering an election on six amendments to the Charter. Appendix A.
One of the proposed Charter amendments revised Article II,
Section 1(b) of the City Charter to adjust the terms of office of the City
3
Council to provide for a single transition election to be held in May 2011
for a term to expire on the November uniform election date in 2012:
(b) The mayor and members of the city council shall be

elected for terms of two years and shall hold office until their
respective successors have been elected and qualified. The
regular election shall be held on the November uniform
election date of even-numbered years as authorized by State
law; provided that, a transition election shall be held on the
second Saturday in May, 2011 for terms expiring upon the
final canvass of the elections in November 2012.
Appendix A (Charter Amendment No. 6, emphasis added).
Also included in the same Charter amendment election was an
amendment to Article II, Section 1(d) changing the waiting period for
council members who had served the maximum number of terms from
one term to three terms.
(d) No person shall serve more than four two-year terms

consecutively as a council member, or four two-year terms
consecutively as mayor, or six two-year terms consecutively
in any combination of such offices. A person who has reached
the limitation on terms provided in this section shall not be
eligible for election or appointment to the city council until
three consecutive terms of office for the council have expired.
Appendix A (Charter Amendment No. 2).
4
On November 11, 2010, the City Council adopted an Ordinance
canvassing and declaring the adoption of all six amendments by the
Citys voters. Appendix B.
The City Charter was adopted pursuant to the Texas Home Rule
Amendment to the Texas Constitution, which provides, in pertinent
part:
The adoption or amendment of charters is subject to such

limitations as may be prescribed by the Legislature, and no
charter or any ordinance passed under said charter shall
contain any provision inconsistent with the Constitution of
the State, or of the general laws enacted by the Legislature of
this State
Tex. Const. art. XI, 5(a) (emphasis added).
The City Charter therefore cannot contain a provision inconsistent
with state law, including the Election Code. Relators right under the
Charter to have his name placed on the ballot must not be inconsistent
with the provisions of the Constitution and general laws.
5
SUMMARY OF ARGUMENT
The City Secretary did not violate a duty imposed by law by
declaring Relator to be ineligible as a candidate for a fifth consecutive
term on the Corpus Christi City Council. The City Charter prohibits a
person from serving more than four consecutive terms as city council
member.
If the Relator were elected to the office he currently seeks, he
would have been elected to five consecutive terms and, assuming he
served out the entire term, he would have served for a consecutive
period of nine years and six months. Such a result is clearly
inconsistent with the will of the Citys voters as expressed by their
approval of the relevant charter provisions limiting a council member to
no more than four consecutive terms in office.
The Relators contention that the voters intention, in adopting a
charter amendment providing for new date for the Citys general
election and for a shortened term of office to make the transition, was to
create an exception to the four-term limit is not supported by the
relevant language of the City Charter or by logic.
6
When the Charter provision adopting term limits was approved by
the voters, the term of office for members of City Council was two-years.
Thus, the use of the phrase two-year terms in the term limit provision
added nothing to the meaning of the provision: there were no terms of
office for council members other than two-year terms. And therefore
there is no basis for implying that the voters had an intention to apply
the term limits provision only to two-year terms.
7
ARGUMENT
I. Standard of Review
A. Mandamus
This Court may issue a writ of mandamus to compel the
performance of any duty imposed by law in connection with the holding
of an election . Tex. Elec. Code Ann. 273.061 (West, Westlaw
through 2015 R. Sess.). A writ of mandamus will issue only to correct a
clear abuse of discretion or the violation of a duty imposed by law, when
there is no other adequate remedy at law. Walker v. Packer, 827
S.W.2d. 833, 839 (Tex. 1992); see also In re Peacock, 421 S.W.3d 913,
916 (Tex. App.Tyler 2014, orig. proceeding) (Before a writ of
mandamus will issue, the relator must have a clear legal right to
performance of the act she seeks to compel. Further, the duty of the
officer sought to be compelled must be one clearly fixed and required by
the law, or the writ will not issue. We may not resolve factual disputes
in a mandamus proceeding.).
8
B. Construction of Charter
This Court will construe a city charter provision according to the
rules governing the interpretation of statutes generally. In re Arnold,
443 S.W.3d 269, 274 (Tex. App.Corpus Christi 2014, no pet.). A
statutes meaning is generally found in its plain language. City of San
Antonio v. City of Boerne, 111 S.W.3d 22, 2526 (Tex. 2003). Courts
determine legislative intent from the entire act and not just its isolated
portions. Id. Therefore, courts read the statute as a whole and
interpret it to give effect to every part. Id. (quoting State v. Gonzalez,
82 S.W.3d 322, 327 (Tex. 2002)); see also BCCA Appeal Group, Inc. v.
City of Houston, 496 S.W.3d 1, 12 (Tex. 2016) (interpret statutes by
starting with the plain language of the statute and by viewing the
statute as a whole, not just as specific provisions in isolation); Atascosa
County v. Atascosa County Appraisal Dist., 990 S.W.2d 255, 25859
(Tex. 1999) (court must consider the entire act, its nature and object,
and the consequences that would result from a given construction and
may not treat any language as surplusage if possible).
9
II. The record conclusively establishes Relators ineligibility
because he has held four consecutive terms.
A candidate may be declared ineligible if facts indicating that the
candidate is ineligible are conclusively established by public record.
Tex. Elec. Code Ann. 145.003(a)(2) (West, Westlaw through 2015
R. Sess.). Relator has served four terms as City Council member.
Relators Appendix 912. He is therefore ineligible to serve in the office
of Mayor. Charter, Art. II, 1(d) (Appendix B).
Relator contends that the term limits duly adopted by the voters
of the City do not apply to him. Relator cites the language of Article II,
Section 1(d) of the Charter, and asserts that alone its language clearly
establishes his right of eligibility to be placed on the ballot.
However, the Charter is to be construed according to the rules
governing the interpretation of statutes. In re Arnold, 443 S.W.3d at
274. As a legislative act of the voters of Corpus Christi, the whole
Charter is to be given effect, not just the two-year provision of Section
1(d) but also the provision of Section 1(b) redefining and expanding the
meaning of term. See City of San Antonio, 111 S.W.3d at 2526.
Therefore, Relators right to be placed on the ballot includes compliance

10
with all of the Charter, including the amendment establishing a single,
transitional term of office.
Article II, Section 1(b) of the Charter of the City of Corpus Christi
defines two types of terms of office. See Appendix A, B. The 2010
Charter Amendment established a new term of office for the City
Council beginning November 2012. Appendix A, B. It also establishes a
single, transitional term of office, of approximately 18 months,
beginning in May 2011 and ending November 2012 to adjust the terms
of office in order to meet the state election law requirements. Appendix
A, B; see Tex. Elec. Code 41.0052(b) (requiring City to change terms of
office to conform to change to uniform election date). Both provisions,
each of equal dignity in the Charter, must be read together and each
given effect as a legislative act of the voters of the City of Corpus
Christi. See City of San Antonio, 111 S.W.3d at 2526; see also Atascosa
County, 990 S.W.2d at 25859.
Relator acknowledges that a single 18-month term of office was
established in 2010 to allow transition to the election dates mandated
by the Legislature, but he urges that the amendment has no legal effect
11
on his eligibility because it differs from the two-year term originally
enacted in 1992. In effect, Relator argues that it is a term of office, but
that it is an exception to the voter-approved term limits. However,
when the City Council and voters of Corpus Christi intended to create
an exception to term limits, they did so with express language.
Relators Appendix 5 (This provision shall take effect beginning with
the terms of office commencing in April 1993. Terms of office served
prior to such date shall not count toward this limitation.).
Relators contention would render meaningless the clear intent to
impose term limits of four consecutive terms. In contrast, Relator
asserts that Respondents interpretation renders meaningless the two-
year descriptor in Article II, Section 1(d). But the Charter must be
read as a whole and effect given to every part. By focusing on the words
two-year and prioritizing them over other parts of the Charter,
Relator attempts to make an end run around the clearly established
limit of four consecutive terms. See BCCA Appeal Group, Inc., 496
S.W.3d at 12 (statute must be construed as a whole not by viewing
specific provisions in isolation).
12
Viewing the Charter amendments as a whole, the plain language
of the 2010 amendment to Article II, Section1(b) established two new
types of terms of office: (1) the new uniform date term of office
beginning in November 2012 and (2) a single transitional term of office
from May 2011 to November 2012. When Section 1(b) is read together
with the provisions of the amendment to Article II, Section 1(d), the
intent of the Charter was to exercise the power granted by Section
41.0052(b), Texas Election Code, to enact a one time amendment to the
terms of office to conform the City election cycle to a term beginning
and ending in November, and thereafter maintain the two-year term
that began in 1992. Each type of term constitutes a term of office for
purposes of term limits. In other words, the 2010 amendment to section
1(b) represents a single exception to the two-year provision of section
1(d). This construction gives effect to both of the 2010 amendments to
the Charter related to terms of office and term limits and not focusing
on one to the exclusion of the other. 2
2Furthermore, it is extremely rare that a term will ever be exactly two years.
The November uniform election date is not a date certain, such as November
13
III. Alternatively, changes to the Election Code control over
inconsistent Charter provisions.
Relator urges that, in any construction of his rights under the
Charter, any restriction as to his eligibility be strictly construed against
ineligibility for holding office, under Brown v. Meyer, 787 S.W.2d 42, 45,
(Tex. 1990). This rule of strict construction must, however, be balanced
with a recognition that Relators rights under the Charter are subject to
the Texas Constitution and state law.
Specifically, the Charter under which Relator claims his right to
be placed on the ballot is subject to the provisions of Texas Home Rule
Amendment. Tex. Const. art. XI, 5. The Home Rule Amendment
provides that no charter shall contain any provision inconsistent
with the Constitution of the State, or of the general laws enacted by the
Legislature of this State . Id. In general, the City can exercise full
power of local self-government to do anything the Legislature could
10. Rather, it is the first Tuesday after the first Monday in November. Tex.
Elec. Code Ann. 41.001(a). Relators contention relying on a literal
interpretation of two-year would therefore render term limits imposed by
the Citys voters meaningless. See Crosstex Energy Servs., L.P. v. Pro Plus,
Inc., 430 S.W.3d 384, 390 (Tex. 2014) (court must not interpret statute to
render any part meaningless or superfluous).
14
have authorized them to do, so that it is not necessary for the City to
look for grants of power, but only for limitations on their power. Lower
Colorado River Auth. v. City of San Marcos, 523 S.W.2d 642, 644 (Tex.
1975). The exercise of local self-government is subject to limitations
imposed by the Texas Constitution and state law. Tex. Const. art. XI,
5; Dall. Merch.s & Concessionaires Assn, 852 S.W.2d 489 (Tex. 1993).
In the matter of elections, there are substantial limitations on
Texas cities and their charter election provisions. In the Texas
Constitution, for example, the State has placed substantial limitations
on Citys power to conduct elections by the Cityproviding that the
City can only elect Council Members for terms no greater than two
years. Tex. Const. art. XI, 11.
Furthermore, the Election Code is part of the general laws
enacted by the Legislature of this State. Therefore, the City Charter
may not contain a provision inconsistent with the Election Code. Tex.
Const. art. XI, 5. The City Charter formerly provided for an April
election date. Appendix C. That provision was inconsistent with
Section 41.001 of the Texas Election Code, requiring elections to be held
15
on a uniform election date. Tex. Elec. Code Ann. 41.001(a).
Therefore, the City was required to change its election date to a uniform
November date to comply with a general statewide mandate.
In recognition of the potential effect of an election date change on
the administration of city government across the State, the Legislature
both expressly empowered and directed the City to exercise a broad
power to adjust the terms of office to conform to the new election date.
(b) A governing body changing an election date under this

section shall adjust the terms of office to conform to the new
election date.
Tex. Elec. Code Ann. 41.0052(b) (emphasis added). By using the word
shall, the Legislature impose[d] a duty on the City to adjust the
terms of office in accordance with the new election date. See Tex. Govt
Code Ann. 311.016(2) (West, Westlaw, through 2015 R. Sess.).
Under this delegated power, the City submitted to a vote the
Article II, Section 1(b) charter amendment defining a transition term of
office and implementing a new term of office effective with a November
2012 general election. Appendix A, B. Upon the voters approval of a
charter amendment to change the election date, the City Council was
16
authorized to enforce the terms of office of its members, including a
direction to declare ineligible any council member who had served as a
council member more than four terms of office as redefined by the 2010
amendment to Article II, Section 1(b)
There is an additional indication of the clear and unmistakable
intent to supersede inconsistent Charter term of office provisions.
Currently, the Legislature has granted the additional power to the
governing body of a home rule city to supersede a city charter provision
establishing a general election date through the passage of a resolution,
no longer requiring voter approval of an amendment to the City Charter
to implement such a change.
A home-rule city may implement the change authorized by

Subsection (a) or provide for the election of all members of
the governing body at the same election through the
adoption of a resolution. The change contained in the
resolution supersedes a city charter provision that requires a
different general election date or that requires the terms of
members of the governing body to be staggered.
Tex. Elec. Code Ann. 41.0052(c).
The declaration of Relators ineligibility therefore resulted from
the amendment that adjusted the terms of office under the City
17
Charter, which in turn was required and authorized by Sections 41.001
and 41.0052 of the Texas Election Code. The Relators right to have his
name placed on the ballot under the Charter is subject to the
requirement that he be eligible under the adjusted definition of term
of office that the voters approved in a charter amendment election and
that conforms to the required November election date.
The Election Code clearly preempted any inconsistent provision of
a City Charter related to a term of office that was inconsistent with the
adoption of a November election date. The City Council had a duty to
modify the terms of office to comply with the Election Code. The City
Council also has a duty to enforce its Charter amendment defining a
single transitional term office as well as the voter-approved term limits.
Relator has not demonstrated a right to disregard either (1) the voter-
approved modification of the term of office definition required to
conform with the Election Code or (2) the voter-approved prohibition
against more than four consecutive terms.
18
IV. Conclusion
Relator has not shown that he is entitled to mandamus relief. The
public records presented conclusively establish that Relator has served
four consecutive terms as a Council Member and that, therefore, under
the City Charter, as amended, Relator is ineligible as a candidate for
Mayor. Relator has not shown that he has a legal right under the
Charter to a place on the May 2017 City ballot or that the City
Secretary violated a legal duty. See Walker, 827 S.W.2d. at 839 (Tex.
1992); In re Peacock, 421 S.W.3d at 916.
19
PRAYER
Respondent respectfully requests this Court deny Relators
petition for writ of mandamus and prays for such other relief, at law or
in equity, to which Respondent is justly entitled.
Respectfully submitted,
OLSON & OLSON, L.L.P.
By: /s/Eric C. Farrar

Eric C. Farrar
efarrar@olsonllp.com
Charles Williams
cwilliams@olsonllp.com
Art Pertile, III
apertile@olsonllp.com
Wortham Tower, Suite 600

2727 Allen Parkway
Houston, Texas 77019
Telephone: (713) 533-3800
Facsimile: (713) 533-3888
ATTORNEYS FOR RESPONDENT
20
CERTIFICATION
My name is Eric Clayton Farrar, I am over the age of 18, and my
work address is 2727 Allen Parkway, Suite 600, Houston, Texas, 77019,
and I declare under penalty of perjury that the foregoing is true and
correct:
1. I am one of the attorneys for the City of Corpus Christi, Texas,

with respect to which this mandamus action has been filed.
2. Attached to this Response as Appendix D is a true and correct

copy of the publicly available list of former City Council Members,
http://www.cctexas.com/Assets/Government/City-
Secretary/Files/websitelistofformertopresentcouncilmembers.pdf,
available from the City of Corpus Christis website,
http://www.cctexas.com/government/city-secretary/history-of-city-
officials/index, accessed on March 22, 2017.
3. I have reviewed the Response to Relators Petition for Writ of

Mandamus and have concluded that every factual statement in
the petition is supported by competent evidence included in the
appendix or mandamus record.
Executed in Harris County, State of Texas, on the 22nd day of March,
2017.
/s/ Eric C. Farrar

Eric C. Farrar
Declarant
21
CERTIFICATE OF COMPLIANCE
I hereby certify that the foregoing Response to Relators Petition
for Writ of Mandamus has a word count of 3,416, according to the word
count function of the software used to prepare this brief.
/s/ Eric C. Farrar

Eric C. Farrar
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b),
(d), (e), I certify that I have served this document on all other parties to
this appeal via electronic service, through their respective counsel, on
March 22, 2017 as follows:
Van Huseman, vhuseman@husemanstewart.com

Eric S. Stewart, estewar@husemanstewart.com
Huseman & Stewart., PLLC
615 N. Upper Broadway, Suite 2000
Corpus Christi, TX 78401-0781
ATTORNEYS FOR RELATOR,
MARK SCOTT
/s/ Eric C. Farrar
Eric C. Farrar
22
City of Corpus Christi
Former Mayors and Council Members
1852 - Present
Corpus Christi was first incorporated April 25, 1846;
Repealed and Re-incorporated February 16, 1852
September 1852 - June 1853

Mayor: B. Neal
Aldermen: M. Baldeschwiler, J. Barnard, H. Berry, S. Butler, J. Peterson, A. Vela; elected J.
Beveridge, R. Holbein, J. McConn; Vela resigned; elected E. Ohler, S. Thomas; McConn resigned
June 1853 - June 1854

Mayor: E. Winfield
Aldermen: J. Barnard, F. Blucher, H. Cassidy, C. Hopson, J. McMartin, B. Neal, J. Peterson, S.
Thomas; Winfield resigned; appointed Hopson as Mayor; Cassidy resigned; elected S. Kinney;
vacancy declared for Thomas; elected J. Love
June 1854 - June 1855

Mayor: H. Berry
Aldermen: J. Barnard, C. Cahill, C. Hopson, J. Hunsacker, S. Kinney, J. Peterson, J. Vernon
June 1855 - June 1856

Mayor: B. Neal
Aldermen: T. Belden, T. Bowen, J. Edmonson, B. Folk, D. Lawrence; elected F. Blucher;
Lawrence resigned; Edmonson, Folk resigned; elected J. Dix, S. Fullerton, C. Hopson, G. Pfeiffer
June 1856 - June 1857

Mayor: H. Maltby
Aldermen: T. Bowen, C. Cahill, J. Cannon, A. Fisher, J. McMartin; elected J. Graham, C.
Lovenskiold, T. Muffett; Maltby leave of absence; appointed Cahill Mayor Pro Tem
June 1857 - June 1859

Mayor: H. Berry
Aldermen: A. Fisher, J. Graham, R. Holbein, C. Lovenskiold, L. Meyer, G. Pfeiffer, W. Shaw
June 1859 - July 1860

Mayor: R. Holbein
Aldermen: J. Cannon, C. Dunn, P. Dunn, A. Fisher, P. Hoffman, Pendleton, G. Robertson
July 1860 - October 1863

Mayor: H. Berry
Aldermen: A. Fisher, J. Hunsacker, C. Lovenskiold, J. Peterson, W. Shaw, W. Staples, C.
Weidenmueller
October 1863 - June 1866

Mayor: G. Robertson
Aldermen: Collins, A. McLaughlin, Polk, Zeyler
Page 2
June 1866 - June 1868

Mayor: W. Staples
Aldermen: C. Dunn, J. Gallaghan, A. Holthause, J. McClane, J. Ranahan, C.
Weidenmueller; Ranahan died
June 1868 - May 1870

Mayor: N. Plato
Aldermen: J. Barnard, C. Cahill, W. Chapman, P. Hoffman, D. Layman, W. Wallace, C.
Weidenmueller; appointed J. Fitzsimmons
May 1870 - November 1872

Mayor: J. Mitchell
Aldermen: J. Cody, P. Doddridge, J. Fitzsimmons, P. Hoffman, T. Kearney, J. McClane, C.
Weidenmueller
November 1872 - January 1874

Mayor: P. Doddridge
Aldermen: A. Davis, R. Dougherty, J. Fogg, W. Headen, J. Hunter, R. Jordan, A. Ricklefson
January 1874 - January 1875

Mayor: P. Doddridge
Aldermen: T. Beynon, L. Brewster, J. Cody, A. Davis, H. Dreyer, J. Fogg, W. Headen, J. Hunter,
R. Jordan; Hunter resigned
January 1875 - May 1875

Mayor: P. Doddridge
T. Beynon, L. Brewster, J. Cody, A. Davis, W. Headen, D. Hirsch, R. Jordan, C. Lovenskiold, W.
Rogers; Lovenskiold died
May 1875 - April 1876

Mayor: N. Plato
Aldermen: A. Baldeschwiler, W. Berry, P. Doddridge, J. Downing, G. Evans, D. Hirsch, P.
Hoffman, D. Reid, W. Rogers
May 1876 - April 1877

Mayor: W. Headen
Aldermen: A. Baldeschwiler, J. Cody, J. Downing, G. Evans, G. French, P. Hoffman, D. Reid, A.
Ricklefson
April 1877 - September 1877

Mayor: J. Russell
Aldermen: P. Benson, H. Berry, J. Cody, J. Downing, N. Gussett, J. Hall, J. Henry, A. McLaughlin,
W. Mussett, C. Yung; Downing resigned; elected A. Montgomery; Cody and Hall resigned; Russell
resigned
Page 3
September 1877 - April 1878

Mayor: J. Moore
Aldermen: P. Benson, H. Berry, N. Gussett, J. Henry, A. McLaughlin, P. McManagle, A.
Montgomery, W. Mussett, D. Turner, C. Yung; Gussetts seat declared vacant
April 1878 - April 1879

Mayor: J. Moore
Aldermen: P. Benson, H. Berry, R. Dixon, P. Doddridge, G. Evans, G. French, W. Headen, A.
McLaughlin, A. Ricklefson, C. Yung

Mayor: J. Moore
Aldermen: J. Cody, R. Dixon, P. Doddridge, H. Dreyer, G. Evans, G. French, W. Headen, J.
Hunter, A. Ricklefson, C. Yung; Ricklefson resigned; elected P. McManagle

Mayor: J. Murphy
Aldermen: C. Carroll, J. Cody, R. Dixon, P. Doddridge, H. Dreyer, G. Evans, J. Fitzsimmons, G.
French, J. Hunter, C. Yung; Yung resigned; elected J. Acebo and G. Westervelt

Mayor: J. Murphy
Aldermen: J. Acebo, C. Carroll, J. Cody, P. Doddridge, G. Evans, J. Fitzsimmons, G. French, J.
Hunter, A. Meyers, G. Westervelt

Mayor: J. Murphy
Aldermen: J. Acebo, C. Carroll, J. Cody, P. Doddridge, G. Evans, J. Fitzsimmons, G. French, J.
Hunter, A. Meyers, G. Westervelt

Mayor: J. Murphy
Aldermen: J. Acebo, P. Baldeschwiler, C. Carroll, P. Doddridge, G. Evans, J. Fitzsimmons, G.
French, A. Meyers, G. Westervelt, E. Williams

Mayor: J. Murphy
Aldermen: P. Baldeschwiler, P. Doddridge, G. Evans, G. French, J. Junek, A. Meyers, D. Reid, T.
Rivera, G. Westervelt, E. Williams; Murphy resigned; appointed Evans Mayor; Williams granted
leave of absence; elected A. Spohn; elected E. Hill

Mayor: G. Evans
Aldermen: J. Acebo, P. Baldeschwiler, P. Doddridge, M. Dreyer, G. French, J. Junek, R.
McComb, M. Niland, D. Reid, T. Rivera
Page 4

Mayor: C. Heath
Aldermen: P. Baldeschwiler, P. Doddridge, M. Dreyer, G. French, J. Henry, J. Junek, O.
Lovenskiold, R. McComb, A. Meyers, T. Rivera
April 1887 April 1888

Mayor: C. Heath
Aldermen: P. Doddridge, G. Evans, G. French, J. Henry, P. Hoffman, H. Keller, O. Lovenskiold, T.
Manson, M. Niland, T. Rivera

Mayor: H. Keller
Aldermen: J. Barnard, P. Doddridge, B. Dority, H. Dreyer, G. Evans, G. French, P. Hoffman, O.
Lovenskiold, T. Manson, M. Niland; Manson died; elected H. Sutherland

Mayor: H. Keller
Aldermen: P. Doddridge, B Dority, H. Dreyer, G. French, P. Hoffman, J. Junek, O. Lovenskiold, D.
Reid, J. Strong, H. Sutherland; Hoffman died; Sutherland and Reid resigned

Mayor: H. Keller
Aldermen: J. Acebo, P. Doddridge, B. Dority, G. French, C. Heath, J. Henry, J. Junek, O.
Lovenskiold, T. Rivera, J. Ward; Ward resigned; elected E. Furman

Mayor: H. Keller
Aldermen: J. Acebo, N. Constantine, B. Dority, G. French, E. Furman, J. Henry, O. Lovenskiold,
R. Savage, T. Southgate, R. Stayton

Mayor: O. Lovenskiold
Aldermen: J. Acebo, N. Constantine, B. Dority, G. French, E. Furman, J. Henry, R. Savage, T.
Southgate, R. Stayton; Constantine and Savage resigned; elected T. Allen, J. Mussett, M. Rogers;
Stayton resigned; elected J. Ward

Aldermen: J. Acebo, T. Allen, P. Baldeschwiler, B. Dority, M. Downey, G. French, J. Henry, J.
Mussett, M. Rogers, D. Vaughn

Aldermen: J. Acebo, T. Allen, P. Baldeschwiler, G. French, J. Henderson, J. Mussett, M. Rogers,
D. Vaughn, T. Warren, F. Wells
Page 5

Aldermen: J. Acebo, T. Allen, P. Baldeschwiler, J. Blanton, J. Fitzsimmons, G. French, J. Mussett,
M. Rogers, T. Warren, D. Vaughn; French died

Aldermen: J. Acebo, T. Allen, P. Baldeschwiler, J. Blanton, J. Fitzsimmons, J. Mussett, J.
Reuthinger, D. Vaughn, T. Warren

Aldermen: : J. Acebo, T. Allen, J. Blanton, W. Daimwood, M. Downey, J. Hardwicke, J. Mussett,
J. Reuthinger, M. Rogers, D. Vaughn; Blanton resigned; Hardwicke and Allen seats declared
vacant; Downey died
Apirl 1898 - April 1899

Aldermen: J. Acebo, T. Allen, W. Daimwood, B. Dority, J. Hardwicke, J. Mussett, N. Noakes, J.
Reuthinger, M. Rogers, D. Vaughn; Hardwicke seat declared vacant; Mussett resigned

Aldermen: T. Allen, W. Daimwood, B. Dority, W. Gray, N. Noakes, J. Reuthinger, M. Rogers, C.
Worssner

Aldermen: T. Allen, W. Daimwood, B. Dority, A. Fisher, W. Gray, N. Noakes, J. Reuthinger, H.
Segrest, C. Worssner, C. Yung

Aldermen: T. Allen, F. Benson, W. Daimwood, W. Gray, N. Noakes, J. Reuthinger, Y. Rosales, H.
Segrest, C. Worssner, C. Yung; Lovenskiold granted leave of absence

Aldermen: T. Allen, F. Benson, W. Daimwood, W. Gray, N. Noakes, J. Reuthinger, Y. Rosales, H.
Segrest, C. Worssner, C. Yung; Daimwood died

Aldermen: T. Allen, G. Caldwell, H. Gussett, J. Henderson, N. Noakes, D. Reid, J. Reuthinger, R.
Robertson, H. Segrest, C. Yung
Page 6

Mayor: H. Segrest
Aldermen: G. Caldwell, G. Clark, E. Gussett, C. Heath, J. Henderson, J. Reuthinger, R.
Robertson, C. Trott, J. Uehlinger, C. Whellus

Mayor: H. Segrest
Aldermen: G. Clark, W. Everhart, E. Gibbon, C. Heath, E. Merriman, J. Reuthinger, C. Trott, J.
Uehlinger, C. Whellus, C. Worssner

Mayor: H. Segrest
Aldermen: G. Clark, W. Everhart, E. Gibbon, G. Gregory, G. Grim, C. Heath, J. Reuthinger, C.
Trott, J. Uehlinger, C. Worssner; Trott, Uehlinger, Worssner unexpired terms filled with election of
W. Blake, R. Blossman, Jr., F. Onzon

Mayor: H. Segrest
Aldermen: R. Blossman, Jr., G. Clark, J. Downey, W. Everhart, E. Gibbon, G. Gregory, G. Grim,
C. Heath, F. Onzon, J. Reuthinger; Everhart resigned

Mayor: D. Reid
Aldermen: W. Bowles, M. Downey, E. Gibbon, J. Grant, G. Gregory, P. Lovenskiold, F. Onzon, H.
Sutherland, M. Ucovich, C. Yeager; Onzon resigned; Ucovich resigned
April 1909 - April 1911 (Note: No election in 1910)

Mayor: D. Reid
Commissioners: C. Coleman, W. Hull, H. Segrest, J. Sutherland; Coleman resigned; elected E.
Cubage; Reid died; elected C. Pease

Mayor: C. Pease
Commissioners: W. Griffin, J. Moore, A. Thompson, J. Uehlinger; Moore resigned; elected A.
Priday

Mayor: C. Pease
Commissioners: W. Griffin, A. Priday, A. Thompson, J. Uehlinger; Priday resigned; appointed J.
Garrett; Griffin vacancy; appointed R. Miller; Garrett resigned; appointed A. Priday; Uehlinger died;
appointed W. Griffin

Mayor: R. Miller
Commissioners: L. Collins, H. Sutherland, A. Uehlinger, T. Ward; Uehlinger resigned; elected J.
Gallagher
Page 7

Mayor: R. Miller
Commissioners: L. Collins, J. Gallagher, H. Sutherland, T. Ward; Collins resigned; elected O.
Wright

Mayor: R. Miller
Commissioners: J. Gallagher, H. Sutherland, T. Ward; O. Wright; Sutherland resigned; elected E.
Merriman

Mayor: G. Boone
Commissioners: J. Grant, W. Griffin, H. Holden, P. Lovenskiold

Mayor: P. Lovenskiold
Commissioners: H. Carter, W. Griffin, D. Segrest, W. Shely; vacancy declared for Griffin; elected
W. Chapman

Commissioners: H. Carter, W. Chapman, D. Segrest, W. Shely

Commissioners: W. Chapman, H. Johnson, D. Segrest, W. Smith

Commissioners: H. Carter, W. Chapman, D. Segrest, W. Smith

Commissioners: H. Carter, W. Chapman, D. Reed, D. Segrest

Mayor: E. Flato
Commissioners: H. Baldwin, W. Chapman, H. Heaney, J. Hubbard

Mayor: W. Shaffer
Commissioners: A. McCaughan, R. McGloin, W. Sharp, C. Watson

Mayor: H. Giles
Commissioners: G. Gibbons, R. McGloin, J. Simon, R. Thompson; Thompson resigned; appointed
J. Mobley
Page 8

Mayor: A. McCaughan
Commissioners: T. McGee, J. Mireur, D. Segrest, C. Watson

Mayor: A. McCaughan

Mayor: A. McCaughan

Mayor: A. McCaughan
Commissioners: J. Mireur, B. Moffett, D. Segrest, C. Watson; Watson resigned; appointed E.
Williams
April 1945 - March 1946

Mayor: R. Self
Commissioners: N. Beck, N. Marriott, B. Moffett, R. Rambo
Note: All resigned to start City Council/City Manager form of government
March 1946 - April 1947

Mayor: R. Wilson
Commissioners: G. Clarke, Jr., J. Ferris, R. Henry, W. Seale, Wilson died

Mayor: W. Seale
Commissioners: G. Clarke, Jr., J. Dawson, J. Ferris, R. Henry

Mayor: L. Wasserman
Commissioners: B. Cott, J. DeForrest, S. Herndon, G. Lowman

Mayor: L. Wasserman
Commissioners: B. Cott, J. DeForrest, S. Herndon, G. Lowman; Cott resigned; elected F.
Williamson; Herndon resigned; elected M. Needham, Jr.
April 1953 - June 1954

Mayor: A. Lichenstein
Commissioners: W. Brace, P. Callaway, E. King, J. Naismith; Lichenstein resigned; elected
Callaway Mayor; elected F. Peterson, Jr.
Page 9
June 1954 - April 1955

Mayor: P. Callaway
Commissioners: W. Brace, E. King, J. Naismith, F. Peterson, Jr.

Mayor: F. Smith
Commissioners: B. Bigler, M. Culli, M. Maldonado, W. Roberts

Mayor: F. Smith
Commissioners: C. Aills, B. Bigler, O. Ingle, A. James, M. Maldonado, W. Roberts

Mayor: E. King
Commissioners: E. Airheart, J. Barnard, J. Dunn, P. Dunne, R. Humble, G. Lozano, Sr.

Mayor: B. McDonald
Commissioners: J. Barnard, J. DeLeon, M. Maldonado, W. Roberts, T. Swantner, H. Young

Mayor: J. Barnard
Commissioners: J. Blackmon, J. DeLeon, M. Maldonado, W. Roberts, W. Wallace, Jr., J. Young

Mayor: M. Furman
Commissioners: J. Blackmon, P. Dunne, P. Jimenez, Jr., K. McDaniel, R. Sizemore, W. Wallace,
Jr.

Mayor: J. Blackmon
Commissioners: D. Bradley, Jr., J. Grant, P. Jimenez, Jr., G. Lozano, Sr., K. McDaniel, R.
Sizemore; Grant died; appointed W. Roberts
April 1969 - May 1971

Mayor: J. Blackmon
Commissioners: D. Bradley, Jr., E. deAses, G. Lozano, Sr., K. McDaniel, W. Roberts, R. Sizemore
May 1971 - May 1973

Mayor: R. Sizemore
Commissioners: C. Bonniwell, R. Bosquez, H. Branch, T. Gonzales, G. Lozano, Sr., J. Stark
May 1973 - May 1975

Mayor: J. Luby
Commissioners: J. Acuff, H. Branch, T. Gonzales, R. Gonzalez, G. Lozano, Sr., J. Stark
Page 10
May 1975 - April 1977

Mayor: J. Luby
Commissioners: E. deAses, R. Gill, B. Gulley, G. Lozano, Sr., E. Sample, B. Tipton

Mayor: J. Luby
Commissioners: E. deAses, D. Diaz, R. Gill, B. Gulley, G. Lozano, Sr., E. Sample
Note: E. deAses resigned to run for District Judge, appointed J. Holt; G. Lozano was made Mayor
Pro Tem. J. Luby resigned to run for Congress, appointed G. Lozano as Mayor and B. Gulley as
Mayor Pro Tem; appointed T. Juarez to replace G. Lozano.

Mayor: L. Jones
Council Members: J. Best, D. Diaz, J. Dumphy, E. Sample, B. Turner, C. Zarsky; Diaz resigned,
appointed L. Luna

Mayor: L. Jones
Council Members: J. Dumphy, B. Gulley, H. Hawkins, Jr., C. Kennedy, Jr., B. Turner, C. Zarsky
April 1983 - April 1985 - Single Member Districts in Effect

Mayor: L. Jones
Council Members: D. Berlanga, Sr., L. Guerrero, H. Hawkins, Jr., C. Kennedy, Jr., J. McComb, F.
Mendez, M. Slavik, B. Turner
Note: On January 18, 1984, Hawkins resigned to run for County Attorney. W. Brown took his
place.

Mayor: L. Jones
Council Members: D. Berlanga, Sr., J. Best, L. Guerrero, J. McComb, F. Mendez, B. Pruet, M.
Slavik, L. Strong

Mayor: B. Turner
Council Members: D. Berlanga, Sr., L. Guerrero, F. Mendez, C. Moss, B. Pruet, M. Rhodes, M.
Slavik, L. Strong
Note: F. Mendez removed from office on November 25, 1987; appointed F. Schwing, Jr. On
January 9, 1988.
Page 11

Mayor: B. Turner
Council Members: D. Berlanga, Sr., L. Guerrero, T. Hunt, E. Martin, J. McComb, C. Moss, M.
Rhodes, F. Schwing, Jr.
Note: D. Berlanga resigned on January 2, 1990 to run for County Commissioner; appointed C.
Galindo on February 13, 1990.

Mayor: M. Rhodes
Council Members: C. Galindo, L. Guerrero, B. Longoria, E. Martin, J. McComb, D. McNichols, C.
Moss, M. Slavik
Note: L. Guerrero resigned January 27, 1993. J. McComb resigned February 24, 1993 to run for
State Representative.

Mayor: M. Rhodes
Council Members: J. Best, M. Cooper, C. Galindo, B. Longoria, E. Martin, C. Moss, D. McNichols,
D. Noyola

Mayor: M. Rhodes
Council Members: J. Best, B. Black, M. Cooper, T. Heldenfels, B. Longoria, J. Longoria, E. Martin,
D. McNichols

Mayor: S. L. Neal, Jr.
Council Members: J. Capelo, M. Cooper, A. Garcia, A. Gonzales, B. Longoria, J. Longoria, E.
Martin, D. McNichols
Note: J. Capelo resigned December 12, 1997; appointed J. Colmenero on January 2, 1998.

Council Members: J. Colmenero, M. Cooper, H. Garrett, A. Gonzales, R. Kinnison, B. Longoria, J.
Longoria, M. Scott

Council Members: B. Chesney, J. Colmenero, H. Garrett, B. Kelly, R. Kinnison, J. Longoria, J.
Noyola, M. Scott

Council Members: B. Chesney, J. Colmenero, M. Cooper, H. Garrett, B. Kelly, R. Kinnison, J.
Noyola, M. Scott
Page 12

Mayor: H. Garrett
Council Members: B. Chesney, M. Cooper, J. Garcia, B. Kelly, R. Kinnison, J. Marez, J. Noyola, M.
Scott

Mayor: H. Garrett
Council Members: M. Cooper, L. Elizondo, Sr., B. Kelly, M. Hummell, P. Leal, J. Marez, M.
McCutchon, N. Martinez
May 2009 - May 2011

Mayor: J. Adame
Council Members: C. Adler, B. Chesney, L. Elizondo, Sr., K. Kieschnick, P. Leal, J. Marez, N.
Martinez, M. Scott, L. Strong
Note: Brent Chesney was elected Judge, County Court at Law No. 5 on November 2, 2010. Per City
Charter, Article VII, Section 5, Mr. Chesney forfeits his council position upon canvassing by
Nueces County on November 15, 2010.
On November 30, 2010 the Council appointed Linda Strong to serve the remaining council term
vacated by Brent Chesney
June 2011 - November 2012

Mayor: J. Adame
Council Members: C. Adler, L. Elizondo, Sr., K. Kieschnick, P. Leal, D. Loeb, J. Marez, N.
Martinez, M. Scott, K. Allen
Note: Kevin Kieschnick was appointed Nueces County Tax Assessor/Collector on January 4, 2012.
Per City Charter, Article VII, Section 55, Mr. Kieschnick forfeits his council position upon the
appointment to a non-City public office.
On January 24, 2012 the Council appointed John Kelley Allen to serve the remaining council
term vacated by Kevin Kieschnick.
November 2012 - January 2015

Mayor: N. Martinez
Council Members: K. Allen, D. Loeb, R. Garza, P. Leal, C. McIntyre, C. Magill, L. Riojas, M. Scott
January 2015 - December 2016

Mayor: N. Martinez
Council Members: R. Garza, C. Magill, C. McIntyre, B. Rosas, L. Riojas, L. Rubio, M. Scott, C.
Vaughn, M. Hunter
Note: L. Riojas resigned February 23, 2016; appointed Michael T. Hunter on March 8, 2016.
Page 13
December 2016 - November 2018

Mayor: D. McQueen
Council Members: R. Garza, P. Guajardo, M. Hunter, J. McComb, B. Molina, L. Rubio, G. Smith, C.
Vaughn
Note: D. McQueen resigned January 18, 2017.

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69th LEGISLATURE-THIRD CALLED SESSION Ch. 14, 3
Passed the Senate on September 8, 1986, by the following vote: Yeas 26, Nays 0;
September 11, 1986, Senate refused to concur in House amendments and request-
ed appointment of Conference Committee; September 11, 1986, House granted
request of the Senate; September 30, 1986, Senate adopted Conference Committee
Report by the following vote: Yeas 29, Nays 1; passed subject to provisions of
Article Ill, Section 49a of the Constitution of Texas. Passed the House, with amend-
ments, on September 11, 1986, by a non-record vote; September 11, 1986, House
granted request of the Senate for appointment of Conference Committee; September
27, 1986, House adopted Conference Committee Report by a non-record vote;
passed subject to the provisions of Article Ill, Section 49a of the Constitution of
Texas.
Approved Oct. 5, 1986.
Effective Oct. 5, 1986.
CHAPTER 14
S.B. No. 4
AN ACT
relating to primaries, other elections, financing elections, political party conventions, the selection of
delegates to national presidential nominating conventions, procedures related to candidacy for public
office, and dates and periods relevant to the electoral process; making appropriate amendments to the
Election Code.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. Section 41.007, Election Code, is amended to read as follows:
"Section 41.007. PRIMARY ELECTIONS. (a) The general primary election date is the
second Tuesday [.fat aturday] in March [May] in each even-numbered year.
"(b) The runoff primary election date is the second Tuesday [fi at,-urda] in April
[Jum] following the general primary election.
"(c) The presidentialprimary election date is the second Tuesday in March in each
presidentialelection year.
"(d) [(a)] No other election may be held on the date of a [geeal orFun primary
election."
SECTION 2. Section 1.005, Election Code, is amended by amending Subdivision (14)
and by adding Subdivision (24) to read as follows:
"(14) 'Primary election' means an election held by a political party under Chapter
172 to select its nominees for public office, and, unless the context indicates other-
wise, the term includes a presidentialprimary election."
"(24) 'Presidentialprimary election' means an election held under Subchapter
A, Chapter 191, at which a political party's voters are given an opportunity to
express their preferencesfor the party's presidentialcandidates,or for an 'uncom-
mitted' status if provided by party rule, for the purpose of determining the
allocation of the party's delegates from this state to the party's national presi-
dential nominating convention."
"Section 14.001. RENEWAL REGISTRATION CERTIFICATE. (a) On or qfter No-
vember 15 but before December 6 [During the first 15 days] of each odd-numbered
[oven-nwmberw.d] year, the registrar shall issue a voter registration certificate to each
voter in the county whose registration is effective on the preceding November 14
[Decemb. U3].
"(b) In this code, 'renewal certificate' means a registration certificate issued under
this section.
Ch. 14, 3 69th LEGISLATURE-THIRD CALLED SESSION
"(c) A renewal certificate is valid for two years beginning on March 1 following its
issuance [of the year invwhich -t'ia issued].
"(d) At the time the registrar issues an initial certificate for a voter whose registration
will be effective after November 14 [Danamber- ] of an odd-numbered year and before
March 1 of the following year, the registrar shall also issue the voter a renewal
certificate."
SECTION 4. Subsection (c), Section 14.021, Election Code, is amended to read as
follows:
"(c) The registrar shall retain the list for two years after the last day of each
[Jaawy] mailing of renewal certificates."
SECTION 5. Subsection (a), Section 14.025, Election Code, is amended to read as
follows:
"(a) Before March 1 [8] of each even-numbered year, the registrar shall deliver a copy
of the list of returned certificates to the secretary of state in the form prescribed by the
secretary."
follows:
"(a) The registrar shall file the annual registration statement with the secretary of
state not later than March 1 [8]."
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 third [int] Saturday in May [April];
"(3) the second Saturday in August; or
"(4) the first Tuesday after the first Monday in November."
follows:
"(a) A political party's rules, including amendments to rules, governing or affecting
its general or runoff primary elections, conventions held under this code, or nominees
may be adopted only by:
"(1) a state convention; or
"(2) the state executive committee as a temporary rule, if adoption before the next
state convention is necessary."
SECTION 9. Section 172.021, Election Code, is amended by amending Subsection (c)
and adding Subsection (d) to read as follows:
"(c) An application filed by mail [with the county chairman] is considered filed at the
time of its receipt.
"(d) The circulationof a petition to be filed under this subchapter in connection
with a candidate'sapplicationfor a place on the ballot does not constitute candidacy
or an announcement of candidacyfor purposes of the automatic resignation provi-
sions of Article XVI, Section 65, or Article XI, Section 11, of the Texas Constitution."
follows:
"(a) An application for a place on the general primary election ballot must be filed not
later than 6 p.m. on January2 [the]frst end in [F!bnmuy] the primary election
year unless the filing deadline is extended under Subchapter C."
SECTION 11. Subsection (b), Section 172.028, Election Code, is amended to read as
follows:
578
"(b) Not later than the 57th day before general [eand Wednesday in March of the]
primary election day [year], the state chairman shall deliver the certification to the county
chairman in each county in which the candidate's name is to appear on the ballot."
follows:
"(a) A candidate for nomination may not withdraw from the general primary election
after the 62nd [65th] day before general primary election day."
SECTION 13. Subsections (a) and (b), Section 172.054, Election Code, are amended to
read as follows:
"(a) The deadline for filing an application for a place on the general primary election
ballot is extended as provided by this section if a candidate who has made an application
that complies with the applicable requirements:
"(1) dies on or after the fifth day before the date of the regular filing deadline and
on or before the 62nd [65] day before general primary election day;
"(2) holds the office for which his application was made and withdraws or is
declared ineligible on or after the date of the regular filing deadline and on or before
the 62nd [65th] day before general primary election day; or
"(3) withdraws or is declared ineligible during the period prescribed by Subdivision
(2), and at the time of the withdrawal or declaration of ineligibility no other candidate
has made an application that complies with the applicable requirements for the office
sought by the withdrawn or ineligible candidate.
"(b) An application for an office sought by a withdrawn, deceased, or ineligible
candidate must be filed not later than [6 p m of the 15th day.. t r the date of t!e
m't.hdra&ra, death,on in t a. applb or] 6 p.m. of the 60th day
before general primary election day[, whiosh."r is arai.er]. An application filed by mail
with the state chairman is not timely if received later than 5 p.m. of the 60th day before
general primary election day."
follows:
"(c) Not later than 24 [48] hours after the candidate withdraws or is declared ineligible
or after the authority preparing the notice learns of the candidate's death, as applicable,
the authority shall deliver a copy of the notice to:
"(1) at least one daily newspaper published in the county or, if none, at least one
weekly newspaper published there, if any, for a notice prepared by the county
chairman;
"(2) at least three daily newspapers that regularly maintain a news representative
at the State Capitol, for a notice applicable to a statewide office; or
"(3) at least one daily ,ewspaper published in each county wholly or partly situated
in the district or, if none, at least one weekly newspaper published there, if any, for a
notice prepared by the state chairman for a district office."
"Section 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall be
omitted from the general primary election ballot if the candidate withdraws, dies, or is
declared ineligible on or before the 62nd [65th] day before general primary election day."
follows:
"(a) If a candidate who has made an application for a place on the general primary
election ballot that complies with the applicable requirements dies or is declared ineligible
after the 62nd [65th] day before general primary election day, the candidate's name shall
be placed on the ballot."
SECTION 17. Section 172.082, Election Code, is amended by amending Subsection (c)
and adding Subsection (e) to read as follows:
579
"(c) The drawing shall be conducted at the county seat not later than the 53rd day
before general [on the third Monday n March of the] primary election day [y.a ].
"(e) The county chairman shall post notice of the date, hour, and place of the
drawingfor at least 24 consecutive hours immediately before the drawing begins. The
notice shall be posted on the bulletin board used for posting notice of meetings of the
commissioners court."
follows:
"(b) The committee shall convene to conduct the local canvass at the county seat on
the first Friday [Tuesday] after election day at the hour specified by the county
chairman."
follows:
"(b) The state executive committee shall convene to conduct the state canvass for the
general primary election on the second Saturday [Thuasy] after general primary
election day. Not later than the second Saturday after runoff primary election day, the
committee shall convene at the call of the state chairman to conduct the state canvass of
the runoff primary election."
"Section 173.010. FURNISHING RULES. During November preceding [J Aai.a,-of.
each primary election year, the secretary of state shall deliver to the state chairman and
each county chairman of each political party holding a primary election a current set of
the rules adopted under this subchapter. If a rule or amendment of a rule is adopted
after delivery of the set, the secretary shall deliver a copy of the rule or amendment not
later than the 10th day after the date of its adoption."
follows:
"(b) Not later than the date [third Monday in March] of the regular drawing for
position on the general primary election ballot [yoa#], the county executive committee
shall set the hour and place for conv, ning each precinct convention for the precincts
served by the committee. If the county executive committee fails to do so, the county
chairman shall set the hour and place."
follows:
"(b) Not later than the date the state chairman delivers to the county chairmen the
certification of names for placement on the general primary election ballot [seand
Wednesday W March of the convention year], the state executive committee shall set the
date, hour, and place for convening the state convention."
follows:
"(a) Except as provided by Subsection (b), an application for nomination by a conven-
tion must be filed not later than 5 p.m. on January 2 [the fir - t Moanday in Febr-ua.']
preceding the convention."
SECTION 24. Subsections (b) and (c), Section 181.061, Election Code, are amended to
read as follows:
"(b) A party nominating by convention must make its nominations for offices of
districts situated in more than one county at district conventions held on the second
[thi#] Saturday after the second Tuesday in March [Afay]. A district convention
consists of delegates selected at the county conventions held under Subsection (c).
"(c) A party nominating by convention must make its nominations for county and
precinct offices and for offices of districts not situated in more than one county at county
conventions held on the first [second] Saturday ofter the second Tuesday in March
[May]. A county convention consists of delegates selected at precinct conventions held on
580
the second Tuesday [first Saturday] in March [May] in the regular county election
precincts."
"Section 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A political
party must make its nominations under this chapter at a county convention held on the
first [seend] Saturday after the second Tuesday in March [Mlay] of the election year.
The convention consists of delegates selected at precinct conventions held on the second
Tuesday [first Saturday] in March [May] in the regular county election precincts."
SECTION 26. Chapter 191, Election Code, is amended to read as follows:
"CHAPTER 191. SELECTION OF DELEGATES TO NATIONAL

NOMINATING CONVENTION
"SUBCHAPTER A. PRESIDENTIAL PRIMARY ELECTION
"Section 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY
ErECTION. To be entitled to have its nomineesfor president and vice-president of the
United States placed on the general election ballot in a particular presidential
election year, a politicalparty must hold a presidentialprimary election in this state
"(1) in the presidential election year, the party is required by this code to
nominate its candidatesfor state and county offices by primary election;
"(2) a presidentialprimary election is authorized under national party rules;
and
"(8) before January 1 of the presidential election year, the national party has
determined that it will hold a national presidential nominating convention that
year.
"Section 191.002. QUALIFYING FOR PLACE ON BALLOT. (a) Candidates qualify
to have their names placed on the presidentialprimary election ballot in the manner
provided by party rule, subject to this section.
"(b) If party rules provide for the filing of applicationsor signaturepetitions to
qualify candidatesfor a place on the ballot, the filing deadline may not be later than
the regular filing deadline for candidates in the general primary election. A
signatureon a candidate'spetition is not valid unless it is that of a registered voter
and is accompanied by the signer's residence address, including county, and voter
registrationnumber.
"(c) A person may not sign petitions supporting more than one presidential
candidatein the same primary,and, if a person does so, the person'ssignatureis void
as to all petitions he signs.
"Section 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE. The
state chairman of each political party holding a presidentialprimary election shall
certify the name of each presidential candidate who qualifies for a place on the
presidential primary election ballot and deliver the certification to the secretary of
state not later than the 57th day before presidentialprimary election day.
"Section 191.004. PRESIDENTIAL PRIMARY BALLOT. (a) A single ballot shall be
used for the presidentialprimary election and general primary election. The secre-
tary of state shall prescribe the form of the ballot, which must accommodate the
regularform for the general primary election to the extent practicable.
"(b) The names of the presidential candidatesshall be printed as the first race on
the ballot under the heading 'Preference For PresidentialNominee' followed by the
instruction, 'You may vote for one presidentialcandidatewhose name appears on the
ballot by placing an "X" in the square beside the candidate's name.' If party rules
provide for voting for an uncommitted status, the instruction shall read, 'You may
vote for one presidential candidate whose name appears on the ballot by placing an
"X" in the square beside the candidate's name or you may vote as uncommitted by
placing an "X" in the square beside "Uncommitted." Make only one choice.' The
instruction shall be changed as appropriate to accommodate the form of a voting

system ballot.
"(c) A drawing to determine the order in which the presidentialcandidates' names
are printed on the ballot in the county shall be conducted in conjunction with the
regulardrawing for position on the general primary election ballot. 'Uncommitted'
shall be printed on the ballot following the candidates' names, if applicable.
"Section 191.005. PROCEDURES FOR CONDUCT OF PRESIDENTIAL PRIMARY
GENERALLY (a) The presidentialprimary election shall be held in conjunction with
the party's general primary election.
"(b) Except as otherwise provided by this subchapter, the presidential primary
election shall be conducted and the results canvassed, tabulated, and reported in
accordance with the procedures prescribed by this code in relation to the general
primary election to the extent those procedures can be made applicable.
"(c) The secretary of state shall prescribe any additional procedures necessaryfor
the orderly and proper administrationof the presidentialprimary election.
"Section 191.006. FINANCING PRESIDENTIAL PRIMARY (a) Subject to *egisla-
tive appropriation, state funds may be spent to pay expenses incurred by the
secretary of state or by a political party in connection with a presidentialprimary
election.
"(b) The provisions of this code relating to state financing of a general primary
election govern a presidentialprimary election to the extent those provisions can be
made applicable.
"(c) The secretary of state shall adopt rules, consistent with this subchapter, that
are necessary for the fair and efficient financing of presidentialprimary elections
with state funds.
"Section 191.007. ALLOCATION OFDELEGATES. Each politicalparty holding a
presidentialprimary election shall adopt a rule for allocating delegates based on the
results of the presidentialprimary election. At least 75 percent of the total number
of delegates who are to represent this state at the party's national presidential
nominating convention, excluding delegates allocated among party and elected offi-
cials, shall be allocated in accordance with the rule among one or more of the
candidates whose names appear on the presidentialprimary election ballot and if
applicable, the uncommitted status.
"Section 191.008. IMPLEMENTATION BY PARTY. (a) The state executive commit-
tee of each political party holding a presidential primary election shall adopt the
rules necessary to implement this subchapter unless the rules already exist.
"(b) The rules may not be inconsistent with this subchapter or with rules adopted
by the secretary of state under this subchapter.
"(c) A rule is enforceable by writ of mandamus in the same manner as if the rule
were a statute.
"(d) For a political party to be entitled to have its nominees for president and
vice-president of the United States placed on the general election ballot in an election
year in which the party is holding a presidentialprimary election, the rules adopted
under this section or the rules already in existence must be filed with the secretary of
state not later than January5 of the presidentialelection year. The secretary of state
may extend this deadlinefor good cause.
"(e) Before presidentialprimaryelection day, the secretary of stateshall notify the
authority responsiblefor having the official general election ballot prepared in each
county of each political party that failed to file a rule as provided by Subsection (d)
and shall order those authorities to omit the party's nominees for president and
vice-president of the United Statesfrom the general election ballot.
"(f) The rules may be amended at any time by the state executive committee, but
an amendment adopted in a presidential election year after the rules are filed with
the secretary of state under Subsection (d) may not take effect until after the
582
presidentialelection year if the rule affects the selection of delegates to the national
presidentialnominating convention.
"[Sections 191.009-191.080 reservedfor expansion]

"SUBCHAPTER B. STATE CONVENTION
"Section 191.081 [I1.OOJ.]. PARTY HOLDING PRIMARY ELECTION. (a) If a polit-
ical party holding a primary election in a presidential election year desires to send
delegates to a national presidential nominating convention of the party, the party shall
select the delegates at a state convention convened on any day in June of the presidential
election year. Before the date of the party's precinct conventions held under Chapter 174,
the party's state executive committee shall choose the date, hour, and place for the state
convention.
"(b) The state convention shall consist of delegates selected at the party's county and
senatorial district conventions held under Chapter 174.
"(c) Before the date of the party's precinct conventions, the party's state chairman
shall deliver written notice of the date, hour, and place for the state convention to:
"(1) the secretary of state;
"(2) each county chairman of the party; and
"(3) the temporary chairman of each senatorial district convention of the party.
"Section 191.032 [I91.O0 ]. PARTY NOT HOLDING PRIMARY ELECTION. If a
political party not holding a primary election in a presidential election year desires to send
delegates to a national presidential nominating convention of the party, the party shall
select the delegates at the state convention at which the party is authorized by this code
to make nominations for state offices."
SECTION 27. Section 192.032, Election Code, is amended by amending Subsections (c),
(f), and (g) and by adding Subsection (h) to read as follows:
"(c) The application must be filed with the secretary of state not later than the second
Monday in May [July] of the presidential election year."
"(f) The following statement must appear at the top of each page of the petition: 'I
did not vote this year in a presidential[the-gaero#A] primary election [of a poitoal pa#2y
that in holding a national presidential nominmating Gov~n.ention this year-].'
"(g) A signature on the petition is invalid if the signer:
"(1) signs the petition on or before the date of the presidential[geap"s] primary
election in [day-e] the presidential election year; or
"(2) voted in a presidential[the gonerl] rimary election [of a poltial party that
is holding a national preidontial nominating en ention] during the presidential election
year.
"(h) A candidate in a presidentialprimary election is ineligible to be an indepen-
dent candidatefor president or vice-president of the United States in the succeeding
general election."
follows:
"(a) A political party's nominee for an unexpired term must be nominated by primary
election if:
"(1) the political party is making nominations by primary election for the general
election in which the vacancy is to be filled; and
"(2) the vacancy occurs on or before the 62nd [65th] day before general primary
election day."
SECTION 29. Subsection (a), Section 202.006, Election Code, is'amended to read as
follows:
"(a) A political party's statc, district, county, or precinct executive committee, as
appropriate for the particular office, may nominate a candidate for the unexpired term if:
583
"(1) in the case of a party holding a primary election, the vacancy occurs after the
62nd [5th] day before general primary election day; or
"(2) in the case of a party nominating by convention, the vacancy occurs after the
fourth day before the date the convention having the power to make a nomination for
the office convenes."
SECTION 30. Sections 204.003 and 204.005, Election Code, are amended to read as
follows:
"Section 204.003. VACANCY FILLED AT GENERAL ELECTION. If a vacancy
occurs on or after January 1 of an even-numbered year and on or before the 62nd [65th]
day before general primary election day, the remainder of the unexpired term shall be
filled at the next general election for state and county officers."
"Section 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a vacancy
occurs during an odd-numbered year or after the 62nd [65th] day before general primary
election day in an even-numbered year, the remainder of the unexpired term shall be filled
by a special election in the same manner as provided by Chapter 203 for the legislature,
except that:
"(1) the minimum number of signatures that must appear on a petition accompany-
ing a candidate's application for a place on the ballot is 5,000; and
"(2) Section 203.013 does not apply."
SECTION 31. Chapter 212, Election Code, is amended by adding Section 212.0231 to
read as follows:
"Section 212.0281. OBTAINING INITIAL RECOuNT IN PRESIDENTIAL PRI-
MARY ELECTION.In a presidentialprimary election, a candidatein the election, or
any 25 or more persons who were eligible to vote in the election acting jointly on
behalf of an uncommitted delegation, may obtain an initial recount in the election if.
"(1) the difference in the number of votes received by the candidate or uncom-
mitted status and any candidate or uncommitted status shown by the election
returns to be entitled to delegate representation at the political party'a national
presidential nominatingconvention is less than 10 percent of the number of votes
received by the latter candidate or the uncommitted status; or
"(2) the secretary of state certifies that counting errors affecting the election
occurred in one or more election precincts in which paper ballots were used, as
provided by Section 212.034."
follows:
"Section 211.003. CHANGE IN OUTCOME OF ELECTION. In this title, a change in
the outcome of an election occurs if, as a result of a recount in the precincts included in a
recount document:
"(1) a candidate who was shown by the previous vote count to be nominated,
elected, or entitled to a place on a runoff ballot or to be tied for nomination, election, or
entitlement to a place on a runoff ballot loses that atatus;
"(2) in a presidential general election, the presidential candidate who was shown by
the previous vote count to have received the most votes in this state loses that status;
"(3) in an election on a measure, the winning side becomes the losing side,' or
"(4) in a presidentialprimary election, entitlement to delegate representationat
the political party's national presidential nominating convention on behalf of a
candidate or an uncommitted delegation is changed."
"Section 212.032. NOTICE OF APPROVAL TO OTHERS INVOLVED IN ELEC-
TION. After approving a recount petition, the recount coordinator shall promptly notify
the following persons of the petition's approval:
"(1) if the recount involves an election for nomination or election to an office, each
opposing candidate;
"(2) if the recount involves an election for presidential electors, the presidential
candidate who is shown by the election returns to have received the most votes; [or]
"(3) if the recount involves a measure:
"(A) the campaign treasurer of each specific-purpose political committee involved
in the election on the side opposite the side that the petitioner represents; or
"(B) a person eligible to vote in the election, selected by the recount coordinator
as an appropriate representative of the interests of the opposite side, if no specific-
purpose committee was involved in the election, or
"(4) if the recount involves a presidentialprimary election:
"(A) each opposing candidate; and
"(B) a registered voter selected by the recount coordinatoras an appropriate
representative of the interests of the uncommitted delegation, if an uncommitted
delegation is entitled to delegate representation."
follows:
"(c) Any opposing candidate or any person listed in Section 212.028(b), 212.0281, or
212.024(b), as appropriate, is entitled to submit to the secretary of state an affidavit
contradicting statements made in an affidavit submitted by the petitioner. A contradict-
ing affidavit must be received by the secretary of state not later than the third day after
the date the copy of the recount petition and each affidavit is received by the secretary."
follows:
"(a) If a petition is approved for a partial recount in election precincts in which paper
ballots were used, any opposing candidate or any person listed in Section 212.023(b),
212.0281, or 212.024(b), as appropriate, may have the remaining election precincts in which
paper ballots were used included in the initial recount by submitting an application for
including the precincts to the recount coordinator."
follows:
"Section 212.053. OBTAINING SUPPLEMENTARY RECOUNT. (a) A person who
was not entitled to obtain an initial recount on the grounds prescribed by Section
212.022(1) or (2), 212.0281(), or 212.024(a)(1) may obtain a supplementary recount if the
partial recount included less than 50 percent of the total vote received by all candidates in
the race or for the measure, as applicable, as shown by the original election returns, and
as a result of the partial recount those grounds are satisfied.
"(b) A person who was not entitled to obtain an initial recount on the grounds
prescribed by Section 212.022(1) or (2), 212.0231(1), or 212.024(a)(1) may obtain a supple-
mentary recount if the partial recount included 50 percent or more but less than 75
percent of the total vote received by all candidates in the race or for the measure, as
applicable, as shown by the original election returns, and as a result of the partial recount
those grounds are satisfied, except that the percentage factor is two percent rather than
10 percent."
"Section 221.001. APPLICABILITY OF TITLE. This title does not apply to:
"(1) a general or special election for the office of United States senator or United
States representative; [w]
"(2) an election on a measure that is for advisory purposes only; or
"(3) a presidentialprimary election."
SECTION 36. Subdivision (1), Section 251.001, Election Code, is amended to read as
follows:
"(1) 'Candidate' is defined as any person who has knowingly and willingly taken
affirmative action for the purpose of seeking nomination or election to any public office
which is required by law to be determined by an election. Some examples of affirma-
tive action are:
"(A) Flling of application for a position on a ballot.

"(B) Filing of application for nomination by a convention.
"(C) Independent candidate's declaration of intent.
"(D) Public announcement of a definite intent to run for office at a particular
election, either with or without designating the specific office to be sought.
"(E) Statement of definite intent and solicitation of support through letters or
other modes of communication, prior to a public announcement.
"(F) Solicitation of or acceptance of a contribution for use in a future election.
"(G) Seeking the nomination of an executive committee of a political party to fill a
vacancy.
"(H) Filing of a designation of a campaign treasurer. Thefiling of a designation
of a campaign treasurerdoes not constitute candidacy or an announcement of
candidacy for purposes of the automatic resignation provisions of Article XVI,
Section 65, or Article XI, Section 11, of the Texas Constitution."
SECTION 37. (a) A political subdivision that before the effective date of this Act was
required to hold its general election of officers on the first Saturday in April shall hold
the general election on the third Saturday in May in accordance with Subsection (a),
Section 41.001, Election Code, as amended by this Act, unless the governing body of the
political subdivision chooses a different date under Subsection (c), Section 41.005, Election
Code. However, if the governing body wishes to choose the third Saturday in January as
the new election date, Subdivision (2) of Subsection (c) of Section 41.005 does not apply to
the change, but the governing body must change the date not later than September 10,
1987.
(b) Subsection (d) of Section 41.005 and Section 41.006, Election Code, apply to the
change in election dates.
SECTION 38. This Act takes effect September 1, 1987.
SECTION 39. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several days in each house be
suspended, and this rule is hereby suspended.
Passed the Senate on September 11, 1986, by a viva-voce vote; and that the Senate
concurred in House amendment on September 29, 1986, by a viva-voce vote.
Passed the House, with amendment, on September 27, 1986, by a non-record vote.
Approved Oct. 15, 1986.
Effective Sept. 1, 1987.
CHAPTER 15
S.B. No. 5
AN ACT
relating to the Issuance and payment of tax and revenue anticipation notes of the State of Texas and
the use of the proceeds; authorizing appropriations; adding Section 3.043 to Chapter 3, Treasury Act,
as amended (Article 4393-1, Vernon's Texas Civil Statutes).
SECTION 1. Chapter 3, Treasury Act, as amended (Article 4393-1, Vernon's Texas
Civil Statutes), is amended by adding Section 3.043 to read as follows:
"Section .043. MANAGEMENT OF TEMPORARY CASH SHORTFALLS IN GEN-
ERAL REVENUE FUND. (a) It is the purpose of this section to enhance the state's
ability to make timely payments of its General Revenue Fund obligations.
"(b) In this section
Ch. 60, I 70th LEGISLATURE-SECOND CALLED SESSION
CHAPTER 60
H.B. No. 28
AN ACT
relating to uniform election dates and runoff elections.
See. 41.001. UNIFORM ELECTION DATES. (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 [thiWd] Saturday in May;
(3) the second Saturday in August; or
(4) the first Tuesday after the first Monday in November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) a local option election held under the Alcoholic Beverage Code;
(3) an election for the issuance or assumption of bonds if the governing body of the
political subdivision issuing or assuming the bonds, by resolution, order, or ordi-
nance,finds that holding the election on a date other than a uniform election date
is in the public interest, which finding is conclusive and incontestible;
(4) [an eletion for the levy of - tax for the mainten.on of a publi school or
[()] an election to resolve a tie vote;

(5) [(6)] an election held under an order of a court or other tribunal;
(6) [(R-] a recall election;
(7) [(9)] a special election to elect the first set of officers of a political subdivision
following its organization or reorganization if the election is not held simultaneously
with an election on the question of the organization or reorganization;
(8) [(9)] an emergency election to fill a vacancy in office ordered under Section
201.053;
(9) [(")] an expedited election to fill a vacancy in the legislature held under Section
203.013;
(10) [(W)] a confirmation election, directot election, or maintenance tax election held
in conjunction with the creation of a political subdivision under Article XVI, Section 59,
of the Texas Constitution that will furnish water or sewer services to household users;
(11) [(")] an election held by a political subdivision using the convention method of
election; or
(12) [(."3)] an election held under a statute that expressly provides that the require-
ment of Subsection (a) does not apply to the election.
Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as provided by Subsection (b), a
[A] runoff election shall be held not earlier than the 20th day or later than the 30th day
after the date the final canvass of the main election is completed.
(b) A runoff election required to be held as a result of an election held on the first
Saturday in May shall be held on the next to the last or last Saturday in May. This
subsection supersedes a law outside this subchapter to the extent of a conflict
notwithstanding Section 2.022.
SECTION 3. Subchapter A, Chapter 41, Election Code, is amended by adding Section
41.0051 to read as follows:
70th LEGISLATURE-SECOND CALLED SESSION Ch. 61, 1
Sec. 41.0051. GENERAL ELECTION IN CERTAIN COASTAL CITIES. The general

electionfor officers of a city that borders the Gulf of Mexico, has a population of more
than 230,000 according to the 1980 census, and held its general electionfor officers in
1987 on the first Saturday in April may be held on any Saturday in April in
odd-numbered years.
SECTION 4. (a) A political subdivision that before the effective date of this Act was
required to hold its general election of officers on the first Saturday in April shall hold
the general election on the first Saturday in May in accordance with Section 41.001(a),
Election Code, as amended by this Act, unless the governing body of the political
subdivision chooses a different date before January 1, 1988, under Section 41.005(c),
Election Code. A change under Section 41.005(c) may be made before the effective date
of this Act. However, if a governing body previously required to use the April date
wishes to choose the third Saturday in January in even-numbered years as the new
election date, Section 41.005(cX2) does not apply to the change, but the governing body
must change the date not later than September 10, 1987.
(b) A political subdivision created by an Act of the 70th Legislature, 1987, with a
general election date of the third Saturday in May shall hold the general election on the
first Saturday in May. Section 41.005(c), Election Code, does not apply to a political
subdivision covered by this subsection.
(c) Section 41.005(d) and Section 41.006, Election Code, apply to a change in election
dates under this section.
SECTION 5. An election for the issuance or assumption of bonds or an election for the
levy of a tax for the maintenance of a public school or college that is ordered before the
effective date of this Act is subject to Section 41.001(b), Election Code, as it existed
immediately before the effective date of this Act, and the prior law is continued in effect
for that purpose.
SECTION 7. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several days in each house be
suspended, and this rule is hereby suspended, and that this Act take effect and be in force
according to its terms, and it is so enacted.
Passed by the House on July 8, 1987, by a non-record vote; and that the House
concurred in Senate amendments to H.B. No. 28 on July 20, 1987, by a non-record
vote. Passed by the Senate, with amendments, on July 16, 1987, by the following
vote: Yeas 30, Nays 0.
Approved Aug. 4, 1987.
Effective Oct. 20, 1987, 90 days after date of adjournment.
CHAPTER 61
H.B. No. 39
AN ACT
relating to reductions in the premium rates for comprehensive coverage of automobiles protected by
antitheft security systems.
SECTION 1. Chapter 5, Insurance Code, is amended by adding Article 5.03-2 to read
as follows:
Art. 5.03-2. PREMIUM DISCOUNTS FOR ANTITHEFT DEVICES
Sec. 1. DEFINITIONS. In this article:
(1) "Alarm device" means a motor vehicle's horn, bell, or siren or other sounding
device that is easily audible at 300feet.
Ch. 655, 1 81st LEGISLATURE-REGULAR SESSION
(D) a method for ranking requests from property owners for financing through
contractual assessments in priority order if requests appear likely to exceed the
authorizationamount; and
(E) a method for ensuring that property owners requestingfinancing demonstrate the
financial ability to fulfill financial obligations under the contractual assessments;
(4) a plan for raising a capital amount required to pay for work performed in
accordance with contractualassessments that:
(A) may include:
(i) amounts to be advanced by the municipality through funds available to it from
any source; and
(ii) the sale of bonds or otherfinancing;
(B) shall include a statement of or method for determining the interest rate and
period during which contracting property owners would pay any assessment; and
(C) shall provide for:
(i) any reserve fund orfunds; and
(ii) the apportionment of all or any portion of the costs incidental to financing,
administration, and collection of the contractual assessment program among the
consenting property owners and the municipality; and
(5) the results of the consultations with the appropriateappraisal districts concerning
incorporatingthe proposed contractualassessments into the assessments of property taxes.
Sec. 376.007. DIRECT PURCHASE BY OWNER. On the written consent of an author-
ized municipal official the proposed arrangementsfor financing the program pertaining to
the installation of distributed generation renewable energy sources or energy efficiency
improvements that are permanently fixed to real property may authorize the property owner
to:
(1) purchase directly the related equipment and materials for the installation of the
distributed generation renewable energy sources or energy efficiency improvements; and
(2) contract directly for the installation of the distributed generation renewable energy
sources or energy efficiency improvements.
Sec. 376.008. LIEN. An assessment imposed under this chapter and any interest or
penalties on the assessment constitutes a lien against the lot on which the assessment is
imposed until the assessment, interest,or penalty is paid.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article III, Texas Constitution. If
this Act does not receive the vote necessary for immediate effect, this Act takes effect
September 1, 2009.
Passed by the House on May 15, 2009: Yeas 87, Nays 51, 2 present, not voting; passed
by the Senate on May 26, 2009: Yeas 31, Nays 0.
Approved June 19, 2009.
Effective September 1, 2009.
CHAPTER 656
H.B. No. 1945
AN ACT
relating to the date of the general election for certain political subdivisions.
SECTION 1. Section 41.0051, Election Code, is repealed.
SECTION 2. (a) Not later than December 31, 2009, each of the following shall choose a
uniform election date for its general election for officers in 2011 and subsequent years:
1472
81st LEGISLATURE-REGULAR SESSION Ch. 657, 1
(1) the governing body of a city that held its general election for officers in 2007 on a
date authorized by Section 41.0051, Election Code; and
(2) an independent school district located wholly or partly in a city described by
Subdivision (1) of this subsection.
(b) The governing body of a political subdivision required to change its election date under
this section shall adjust the terms of office to conform to the new election date.
SECTION 3. All elections held under Section 41.0051, Election Code, before the effective
date of this Act are validated, ratified, and confirmed in all respects.
Passed by the House on April 28, 2009: Yeas 149, Nays 0, 1 present, not voting; passed
CHAPTER 657
H.B. No. 1946

AN ACT
relating to the creation of the Brazoria County Municipal Utility District No. 64; providing authority to
impose a tax and issue bonds; granting a limited power of eminent domain.
SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding
Chapter 8313 to read as follows:
CHAPTER 8313. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 64
SUBCHAPTER A GENERAL PROVISIONS

Sec. 8313.001. DEFINITIONS. In this chapter:
(1) "Board"means the district's board of directors.
(2) "Director"means a board member.
(3) "District"means the Brazoria County Municipal Utility DistrictNo. 64.
Sec. 8313.002. NATURE OF DISTRICT. The district is a municipal utility district
created under Section 59, Article XVI, Texas Constitution.
Sec. 8313.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The
temporary directors shall hold an election to confirm the creation of the district and to elect
five permanent directorsas provided by Section 49.102, Water Code.
Sec. 8313.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors
may not hold an election under Section 8313.003 until each municipality in whose corporate
limits or extraterritorialjurisdiction the district is located has consented by ordinance or
resolution to the creation of the district and to the inclusion of land in the district.
Sec. 8313.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is
created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of-
(1) a municipal utility district as provided by general law and Section 59, Article XVI,
Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisi-
tion, improvement, operation, or maintenance of macadamized, graveled, or paved roads,
or improvements, including storm drainage, in aid of those roads.
1473
Ch. 504 82nd LEGISLATURE-REGULAR SESSION
CHAPTER 504
H.B. No. 1503

AN ACT
relating to the qualifications to serve as a special peace officer at a polling place.
Be it enacted by the Legislatureof the State of Texas:
SECTION 1. Section 32.075, Election Code, is amended by adding Subsection (f) to read
as follows:
(f)A person is eligible for appointment as a special peace officer under Subsection (b)
only if the person is licensed as a peace officer by the Commission on Law Enforcement
Officer Standards and Education.
CHAPTER 505
H.B. No. 1545

AN ACT
relating to the authority of certain political subdivisions to change the date of their general elections.
SECTION 1. Sections 41.0052(a) and (a-i), Election Code, are amended to read as
follows:
(a) [The governing body of a political obiainothear than a county may, not later than
Dccembher 231, 2005, change the dae on *hich it holds its goneral ealecetion for offors to
another authoizAd uniform election date.
[(a-]The governing body of a political subdivision, other than a county, that holds its
general election for officers on a date other than the November uniform election date may,
not later than December 31, 2012 [20-10], change the date on which it holds its general election
for officers to the November uniform election date.
SECTION 2. Section 41.0053, Election Code, is repealed.
September 1, 2011.
Effective June 17, 2011.
CHAPTER 506
H.B. No. 1550

AN ACT
relating to participation in state travel service contracts by open-enrollment charter schools.
1262
Ch. 26, 2 81st LEGISLATURE-REGULAR SESSION
SECTION 2. Chapter 3, page 1053, Special Laws, Acts of the 46th Legislature, Regular
Session, 1939, is repealed.
Passed the Senate on April 9, 2009: Yeas 31, Nays 0; passed the House on April 30,
2009: Yeas 144, Nays 0, one present not voting.
Approved May 12, 2009.
CHAPTER 27
H.B. No. 401

AN ACT
relating to the authority of certain political subdivisions to change the date of their general elections.
SECTION 1. Section 41.0052, Election Code, is amended by adding Subsection (a-i) to
read as follows:
(a-1) The governing body of a political subdivision, other than a county, that holds its
general election for officers on a date other than the November uniform election date may,
not later than December 31, 2010, change the date on which it holds its general election for
officers to the November uniform election date.
September 1, 2009.
Approved May 13, 2009.
Effective May 13, 2009.
CHAPTER 28
H.B. No. 609

AN ACT
relating to the composition of the jury in certain adjudication hearings in juvenile court.
SECTION 1. Section 54.03(c), Family Code, is amended to read as follows:
(c) Trial shall be by jury unless jury is waived in accordance with Section 51.09. If the
hearing is on a petition that has been approved by the grand jury under Section 53.045, the
jury must consist of 12 persons and be selected in accordance with the requirements in
criminal cases. If the hearing is on a petition that alleges coudnct that 1,iolates a penal law
of this state of the grade of misdemeanor, the jury must cousist of the nimber of persons
required by Article 33.01(b), Code of Criminal Procedure. Jury verdicts under this title must
be unanimous.
SECTION 2. Section 54.03(c), Family Code, as amended by this Act, applies to an
adjudication hearing conducted in a juvenile court for which a jury is selected on or after the
effective date of this Act, regardless of the date the petition on which the hearing is based
was filed.
48

City's Response To Scott's Petition

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City's Response To Scott's Petition

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ACCEPTED

In The Thirteenth Court Of Appeals

Art Pertile, III OLSON & OLSON, L.L.P.

ATTORNEYS FOR RESPONDENT, REBECCA HUERTA,

TABLE OF CONTENTS ...........................................................................ii

APPENDIX .............................................................................................. iii

INDEX OF AUTHORITIES ..................................................................... iv

RESPONSE TO ISSUES PRESENTED .................................................. vi

STATEMENT OF FACTS ......................................................................... 1

SUMMARY OF ARGUMENT ................................................................... 6

A. Ordinance No. 028733, calling for 2010 Charter election

B. Ordinance No. 028838, canvassing and declaring result of 2010

C. City of Corpus Christi Charter, Article II, as of November 2006

D. City of Corpus Christi Former Mayors and Council Members

F. Tex. Elections Code

G. Tex. Govt Code 311.016

Atascosa County v. Atascosa County Appraisal Dist.,

BCCA Appeal Group, Inc. v. City of Houston,

City of San Antonio v. City of Boerne,

Crosstex Energy Servs., L.P. v. Pro Plus, Inc.,

Dall. Merch.s & Concessionaires Assn,

Lower Colorado River Auth. v. City of San Marcos,

Tex. Const. art. XI, 11 .......................................................................... 15

Tex. Const. art. XI, 5 .................................................................. 5, 14, 15

Tex. Elec. Code Ann. 145.003 ............................................................... 10

Tex. Elec. Code Ann. 273.061 ................................................................. 8

Tex. Elec. Code Ann. 41.001 ......................................................... passim

Tex. Elec. Code Ann. 41.0052 ....................................................... passim

Tex. Govt Code Ann. 311.016 ............................................................... 16

City Charter of the City of Corpus Christi Article II ..................... passim

Article II of the City Charter of the City of Corpus Christi (the

Charter) was amended by an election in 1992 to provide for term

limits on the City Council.

No person shall serve more than four two-year terms

Following the establishment of these 1992 term limits, a number

of Council Members served multiple terms on City Council, including

of April 2007 to April 2009. Appendix D. In April 2009, Relator was

Prior to 2010, the City of Corpus Christi conducted elections in

Code 41.0051); Appendix C (Article II, 1(b)). The Texas Legislature,

election date and mandated that elections be held only on certain,

41.001(a) (West, Westlaw through 2015 R. Sess.).

The Texas Legislature also amended the Texas Election Code to

provide a deadline for Changing General Election Date.

1, 2011 Tex. Gen. Laws 1262, 1262.

As part of the directive to change the Citys election dates, the

Legislature required the City to adjust terms of office accordingly.

A governing body changing an election date under this

Tex. Elec. Code Ann. 41.0052(b) (West, Westlaw through 2015

On August 24, 2010, acting under the duty imposed by Sections

41.001(a) and 41.0052(b), City Council enacted Ordinance 028733,

ordering an election on six amendments to the Charter. Appendix A.

One of the proposed Charter amendments revised Article II,

for a term to expire on the November uniform election date in 2012:

(b) The mayor and members of the city council shall be

Appendix A (Charter Amendment No. 6, emphasis added).

Also included in the same Charter amendment election was an

one term to three terms.

(d) No person shall serve more than four two-year terms

Appendix A (Charter Amendment No. 2).

canvassing and declaring the adoption of all six amendments by the

Citys voters. Appendix B.

Amendment to the Texas Constitution, which provides, in pertinent

The adoption or amendment of charters is subject to such