Removing a mayor from office in Texas depends first on the type of city you live in. Home-rule cities can hold recall elections when their charter allows it. General-law cities rely on a council removal vote, a district court petition filed by a resident, or both. Two more routes apply statewide regardless of city type: a quo warranto action challenging the mayor’s right to hold office, and automatic forfeiture when certain triggering events occur.
Home-Rule or General-Law? Start Here
Texas draws a sharp line between home-rule cities, which adopt their own charters, and general-law cities, which operate under state statutes. That line controls which removal tools you actually have. Home-rule charters can authorize recall by the voters. General-law cities have no voter recall power, with one narrow exception for certain small border cities, and must use the statutory routes instead. Before doing anything else, confirm your city’s classification, and if it is home-rule, pull the charter.
Recall Election in a Home-Rule City
A recall election lets voters remove the mayor before the term ends. It exists only where the city charter provides for it, and each charter writes its own rules.
The process starts with a petition filed with the city secretary. The petition names the mayor and states the grounds. Charters commonly list incompetency, misconduct, and malfeasance, but the exact grounds vary. Petitioners then gather signatures from registered voters, usually a percentage of registered voters or of those who voted in the last relevant election.
Once the city secretary verifies the petition, the council orders a recall election for the earliest available date. The mayor may resign instead of facing the vote. If a majority votes for removal, the office is vacated when the council certifies the results.
Most charters also block a recall petition during the mayor’s first months in office. Six months is the most common window, though some charters set it as short as one month or as long as one year.
Council Vote in a Type A General-Law City
In a Type A general-law city, the governing body itself can remove the mayor. Texas Local Government Code Section 22.077 permits removal for incompetency, corruption, misconduct, or malfeasance in office, and the mayor must receive advance notice of the charges and an opportunity to be heard.1State of Texas. Texas Local Government Code Section 22.077 – Removal of Municipal Officers
The threshold is a majority of the aldermen present and voting at a regular meeting, with a quorum present.2Office of the Attorney General of Texas. Texas Attorney General Opinion No. KP-0061 Home-rule councils may hold similar power, but the procedure comes from the charter, not the statute, so check the charter’s language.
District Court Petition by a Resident
When the council will not act, a resident of a general-law city has an independent route. Any resident who has lived in the city for at least six months can petition the district court to remove the mayor under Chapter 21 of the Local Government Code. The grounds are incompetency, official misconduct, or intoxication caused by drinking alcohol, whether on duty or off.
The mayor must be given notice and has the right to a jury trial. That matters, because a judge or jury decides the facts rather than council members who may have their own politics in play. The process is slower and more formal than a council vote, but it does not require anyone else’s cooperation to begin.
Quo Warranto: Challenging the Right to Hold Office
A quo warranto proceeding asks a court whether the person sitting in the office is legally entitled to sit there at all. It is not about job performance or misconduct. Common grounds include a mayor who does not actually live within the city limits, who holds another government position that is legally incompatible with being mayor, or whose election was tainted by a disqualifying factor.3State of Texas. Texas Code Civil Practice and Remedies Code – Chapter 66 Quo Warranto
Private citizens cannot file a quo warranto action. Only the attorney general, a county attorney, or a district attorney can bring one.4Office of the Attorney General of Texas. Attorney General Ken Paxton Takes Action in the Texas Supreme Court If you have evidence that your mayor is not legally qualified, take it to the county or district attorney. Whether the office pursues the case is up to that prosecutor.
Automatic Forfeiture of the Office
Some events vacate the office by operation of law, without a petition or a vote. The Texas Constitution directs the legislature to exclude from office anyone convicted of bribery, perjury, forgery, or other high crimes, and a felony conviction generally triggers vacancy under implementing statutes.5Justia Law. Texas Constitution Article 16 – Section 2
Other automatic triggers include a mayor who moves outside the city limits and loses the residency qualification, and a newly elected mayor who fails to take the oath or otherwise qualify within 30 days of the election. The city still has to acknowledge the vacancy formally and start the process of filling the seat, but no one needs to initiate the removal itself.
Who Takes Over After Removal
Once the office is vacant, succession depends on city type. In general-law cities, Chapter 22 of the Local Government Code lets the governing body appoint someone to serve until the next regular municipal election.6State of Texas. Texas Local Government Code – Chapter 22 Home-rule cities follow the succession process in the charter, which may call for a council appointment, elevation of the mayor pro tem, or a special election. Some home-rule charters require a special election when the vacancy comes from a recall.