Filing Requirements

Sec. 3.07. - Filing for office.

(a)       Any person having the qualifications set forth for the mayor and other members of the council under section 3.02 of this Charter, shall have the right to file an application to have his name placed on the official ballot as a candidate for mayor or councilman. Such application shall be sworn to and clearly designated by title or position number the position to which the candidate seeks election. Such application shall conform to the requirements of the laws of the State of Texas, be filed with the city secretary, or such person as may be appointed by the city manager, not less than 30 days prior to the date of election. In computing said thirty-day period, the date of filing and the date of the election shall not be counted. Said application shall be accompanied by a filing fee of $25.00 or a nominating petition, addressed to the mayor, such petition to be in the form and subject to the requirements provided by the laws of the State of Texas. Such petition shall be signed by voters qualified to vote in the election for which the nominating petition is filed equaling five percent of the entire vote cast for mayor at the last city election, or by 25 such qualified voters, whichever is the lesser number. If a nominating petition is filed, the candidate's written consent must accompany the application and nominating petition. Filing in accordance with the provisions of this section shall entitle such applicant to a place on the official ballot.

(b)       Any person currently serving as mayor or councilmember that files for position as mayor or councilmember that they are not currently serving in shall submit their resignation for the person's current position in writing to the City Secretary at [the] time [said] person files for the other position.

(Ord. No. 1580, § 1(Amd. No. 11), 12-8-1981/1-16-1982; Ord. No. 3202, § V(Amd. No. 3.07(b)), 5-15-2008/5-10-2008)

Sec. 3.02. - Qualifications.

The mayor and other members of the council shall have and maintain the following qualifications, to wit:

(a)     Shall be a citizen of the United States of America.

(b)    Shall be a qualified elector of the State of Texas under the constitution thereof and reside within the corporate limits of the City of Deer Park, having so resided continuously for a period of at least 12 months immediately preceding his election. 

(c)    If any elective or appointive councilman moves his place of residence outside the corporate limits of the City of Deer Park, his office shall be immediately and automatically vacant and a successor shall be appointed or elected as prescribed by this Charter.

(d)    Shall hold no other paid public office or employment under the city government, except as may be provided by this Charter.

(e)    Shall, if convicted of a felony or a crime involving moral turpitude while in office, immediately upon conviction thereof forfeit said office.

(f)    Shall, within four days from the date of their said election, qualify for office and shall assume the duties of office as soon as qualified.

(g)    Shall, within 12 weeks of said councilmember's election, affirmatively swear that he/she has read the Deer Park Code of Ordinances and the City of Deer Park Charter as amended through the date of councilmember's election.

(h)    Shall never vote upon any matter involving the consideration of his own official conduct, or in any way use the influence of office to effect the purchase, by the city, of any supplies, equipment or materials, nor shall any councilmember vote upon any issue affecting employment or any contract, job, work, or service for the city which would result in a material gain to himself. In such event, said councilmembers shall not vote, but shall give his reasons for not voting, which reasons shall be written upon the minutes of the council.

(i)    Shall, when in attendance at a council meeting, vote upon every issue upon which a vote has been called for, and it is hereby provided that whenever a councilmember fails or refuses to vote when a vote of the council has been called for, that said member's vote shall automatically be counted as an affirmative vote, save and except wherein the provisions of this Charter apply.

(j)    If the mayor or other members of the council shall fail to maintain the foregoing qualifications, without acceptable valid excuse, or shall be absent from three consecutive meetings without valid excuse, the council, at its next regular meeting, must declare a vacancy to exist and shall fill said vacancy as set forth in section 3.1 [3.12] of this Charter.

(Ord. No. 963, § 1(Amd. Nos. 2, 3, 6), 2-6-1973/4-3-1973; Ord. No. 1580, § 1(Amd. No. 8(1)—(3)), 12-8-1981/1-16-1982; Ord. No. 3202, § V (Amd. No. 3.02(g)), 5-15-2008/5-10-2008)

State Law reference— Home-rule municipality may prescribe qualifications for officers, V.T.C.A., Local Government Code § 26.041.