BE IT ORDAINED BY THE VOTERS OF THE CITY OF MCALLEN:

The Charter of McAllen is hereby amended, to add new ARTICLES numbered 19 and 20 and entitled “McAllen Anti-Corruption Act” and “McAllen Direct Democracy Act,” respectively, and to read as follows:

ARTICLE No. 19

MCALLEN ANTI-CORRUPTION ACT

Section No. 1. DECLARATION OF POLICY AND LEGISLATIVE FINDINGS:- The name of this Article is the McAllen Anti-Corruption Act. The proper operation of a representative democracy requires that elected public officials exercise independent judgment, act impartially, and remain responsible to the people. The city election process should be protected from potential undue influence by individuals and groups making large contributions to the election campaigns of candidates for Mayor and Board of Commissioners. The city election process and city government should be protected from even an appearance of undue influence by individuals or groups contributing to candidates for Mayor and Board of Commissioners. The public should have justified confidence in the integrity of its government. Limitations on contributions of money, services, and materials by individuals or groups to candidates for city office will promote public confidence. Enactment of this Article is an appropriate exercise of McAllen’s authority as a home rule municipality under Texas law, and the benefits of this Article will include a more efficient, less costly election process and a more responsive, effective city government. This Article is enacted based on these findings, in furtherance of these policies, and is a narrowly tailored remedy to address the compelling governmental interests of preventing corruption or the appearance of corruption, preserving the individual citizen’s confidence in government, and ensuring the integrity of the city’s election system.

SECTION No. 2. CAMPAIGN CONTRIBUTION LIMITS: - No candidate for Mayor or Board of Commissioners, or their respective campaign committees, shall accept campaign contributions in excess of $500 per contributor per election from any person or political action committee. The amount of the contribution limit shall be modified each year with the adoption of the city budget to increase or decrease in accordance with the most recent Consumer Price Index, as published by the Bureau of Labor Statistics. The most recently published Consumer Price Index in January 2025 shall be used as a base of 100 and the adjustment thereafter will be to the nearest $25.

SECTION No. 3. COORDINATED EXPENDITURES: - Any campaign expenditure supporting the election of a candidate or opposing the election of an opponent made with the prior consent of the candidate or their committee, or with cooperation or strategic communication between the candidate or their committee and the person making the expenditure, is considered a campaign contribution and is subject to the limitations of this ordinance.

SECTION No. 4. RESPONSIBILITY OF CANDIDATE TO PREVENT VIOLATIONS: -The candidate, or their committee, shall determine whether accepting each campaign contribution would violate this Article before accepting the campaign contribution. If the candidate is unable to prevent a violation before accepting the campaign contribution, the candidate must return funds that exceed the above limits on campaign contributions within 45 days of receiving the campaign contribution, which is considered the date the cash donation was accepted or when the electronic deposit, check or money order was deposited into a bank account or cashed. A candidate who violates this section commits a Class C misdemeanor punishable by fine under the McAllen City Code. Each contribution in violation of this Article constitutes a separate offense.

SECTION No. 5. AMENDMENTS TO CODE OF ORDINANCES. The City Manager and Board of Commissioners shall take prompt action to ensure that the City’s Code of Ordinances is amended to avoid conflict with any of provisions of this Article.

SECTION No. 6. INFORMATIONAL MATERIALS. The City Secretary shall publish educational materials concerning the provisions of this Article and make them available to candidates for office and the general public.

ARTICLE No. 20

MCALLEN DIRECT DEMOCRACY ACT

Section No. 1. TITLE. The name of this Article is the McAllen Direct Democracy Act.

Section No. 2. POWER OF INITIATIVE: - The people of McAllen reserve the power of direct legislation by initiative, and in the exercise of such power may propose any ordinance, not in conflict with this Charter, the state constitution, or the state laws except an ordinance appropriating money or authorizing the levy of taxes. Any initiated ordinance may be submitted to the Board of Commissioners by a petition signed by qualified voters of McAllen equal in number to the number signatures required by state law to initiate an amendment to this Charter.

Section No. 3. POWER OF REFERENDUM: - The people reserve the power to approve or reject at the polls any legislation enacted by the Board of Commissioners which is subject to the initiative process under this Charter, except an ordinance which is enacted for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency, and which is adopted by the favorable votes of five or more of the Board of Commissioners. Within 60 days of the effective date of any ordinance which is subject to referendum, a petition signed by qualified voters of McAllen equal in number to the number of signatures required by state law to initiate an amendment to this Charter may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters as herein provided.

Section No. 4. FORM AND VALIDATION OF A PETITION: - A petition under Section 2 or Section 3 of this Article is subject to the requirements prescribed by state law to initiate an amendment to this Charter and shall be in the form and validated in the manner prescribed by state law for a petition to initiate an amendment to this Charter.

Section No. 5. BOARD OF COMMISSIONERS CONSIDERATION AND SUBMISSION TO VOTERS: - When the Board of Commissioners receives an authorized initiative petition certified by the city secretary to be sufficient, within 15 days after the date of the certification to the council the Commission shall either: (a) pass the initiated ordinance without amendment; or (b) order an election and submit said initiated ordinance without amendment to a vote of the qualified voters of McAllen at an election to be held on the next allowable election date authorized by state law after the certification to the Commission.

When the Board of Commissioners receives an authorized referendum petition certified by the city secretary to be sufficient, the Commission shall reconsider the referred ordinance, and if upon such reconsideration such ordinance is not repealed, it shall be submitted to the voters at an election to be held on the next allowable election date authorized by state law after the date of the certification to the Commission.

Section No. 6. BALLOT FORM AND RESULTS OF ELECTION: - The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, “For the Ordinance” and “Against the Ordinance.”

Any number of ordinances may be voted on at the same election in accordance with the provisions of this article. If a majority of the votes cast is in favor of a submitted ordinance, it shall thereupon be effective as an ordinance of the city. An ordinance so adopted may be repealed or amended at any time after the expiration of two years by a favorable vote of at least five members of the Board of Commissioners. A referred ordinance which is not approved by a majority of votes cast shall be deemed thereupon repealed.

Section No. 7. POWER OF RECALL: - The people of McAllen reserve the power to recall any member of the Board of Commissioners and may exercise such power by filing with the city secretary a petition, signed by qualified voters of the territory from which the Commissioner is elected, equal in number to at least 10 percent of the qualified voters of the territory from which the Commissioner is elected, demanding the removal of a Commissioner. The petition shall be signed and verified in the manner required for an initiative petition, shall contain a general statement of the grounds for which removal is sought, and one of the signers of each petition paper shall make an affidavit that the statements therein made are true.

Section No. 8. RECALL ELECTION: - Within 20 days after a recall election is filed, the city secretary shall examine the same. The provisions regulating the form and validation of initiative petitions shall apply to recall petitions. If the petition is certified by the city secretary to be sufficient and the Commissioner whose removal is sought does not resign within five days after the certification to the Commission, the Commission shall order and hold a recall election in the territory from which the Commissioner is elected on the first authorized election date that allows sufficient time to comply with other requirements of law.

Section No. 9. RECALL BALLOT: - Ballots used at recall elections shall conform to the following requirements: (1) with respect to each person whose removal is sought, the question shall be submitted, “Shall (name of Commissioner) be removed from the office of (City Commissioner or Mayor)?” (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: “For the recall of (name of Commissioner).” “Against the recall of (name of Commissioner).”

Section No. 10. RESULTS OF RECALL ELECTION: - If a majority of the votes cast at a recall election shall be against the removal of the Commissioner named on the ballot, the Commissioner shall continue in office. If the majority of the votes cast at such election be for the removal of the Commissioner named on the ballot, the Commission shall immediately declare that Commissioner’s office vacant and such vacancy shall be filled in accordance with the provisions of this Charter for the filling of vacancies. A Commissioner thus removed shall not be a candidate to succeed themself in an election called to fill the vacancy thereby created.

Section No. 11. LIMITATION ON RECALL: - No recall petition shall be filed against a Commissioner within six months after they take office, and no Commissioner shall be subject to more than one recall election during a term in office.