Is there a process in Austin that allows citizens to pursue a petition drive that can change local laws? How does that process work?
Yes, there is. The City Charter of Austin gives residents two ways to shape local law: through petition initiatives and referendums.
An initiative petition allows Austinites to propose new ordinances. A group or individual looking to create a new initiative drafts the language they want enacted then sets out to collect signatures. Only signatures made by qualified voters in the city of Austin are valid. A referendum petition is how Austinites push back on an ordinance already passed by the City Council. A referendum petition aims to put an already passed ordinance to a public vote before it takes effect.
For both of these petition drives, organizers need valid signatures by registered Austin voters equal to 5% of the city’s total registered voters or 20,000 signatures, whichever number is smaller. In Austin, 20,000 signatures is the smaller number. Signatures must be valid and are often scrutinized by the City Clerk’s Office with a formal verification process.
Once the clerk certifies that a petition has enough valid signatures, City Council must then decide how to proceed. For an initiative petition, Council must either adopt the proposed as it is written or place it on the ballot for voters to decide. For a referendum, City Council must either repeal the challenged ordinance, or send it to voters to decide in the next election. If either petition goes to the ballot, and a majority of voters vote in favor, it becomes binding.
There are limits to what citizen-led petitions can address. The Austin Charter excludes petitions that appropriate money or authorize enacting taxes. If a petition attempts to do either of these things, it will likely be invalid.
Petition organizers should also be aware that the entire petition process can take several months. Anyone considering a petition drive in Austin should consult with an attorney early in the process to ensure they follow all city of Austin rules and guidelines. Initiative and referendum petitions give Austinites a direct tool to have their voices heard.
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The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a nonprofit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
This article appears in April 3 • 2026.