Harte removed from council due to residency issues
By TONI WALKER
LONE STAR – The Lone Star City Council has a vacant seat after residency issues led to the disqualification of Ryan Harte.
The council opened their September meeting with a public hearing to determine if, in fact, Harte should be disqualified from his position due to residency.
Citing Local Government Code 22.008(b), Lone star Mayor Randy Hodges stated that, due to Harte purchasing and living at a home in Jenkins, he was automatically disqualified from holding the office of Alderman. The purpose of the public hearing was to give Harte an opportunity to prove that his residency was actually in the city limits of Lone Star and that he should not be disqualified.
According to House Bill 3727, which was passed by the 85th Texas Legislature and went into effect Sept. 1, Section 22.008(b) states “If any member of the governing body changes the member’s place of residence to a location outside the corporate boundaries of the municipality, the member is automatically disqualified from holding the member’s office and the office is considered vacant.
According to city secretary Devon Whatley, HB 3727 amended Local Government Code Section 22.008(b), which states that, in order to run for alderman, the person must be a registered voter and reside on Election Day in the ward for which they are running for office. Lone Star does not have wards or precincts, according to Whatley. Since all aldermen positions are at large, the person elected must live inside the city limits.
Harte began by stating his displeasure with the course of action taken, then set forth to make his thoughts known.
Harte stated that his place of residency was 200 Austin Parkway in Lone Star. He also stated that his family had bought property in Jenkins, where he and his family were currently staying. Harte said that Texas Election Code 1.015(2) gives a definition of residency “that includes where someone intends to return to and common law practice.”
“My place of residency is 200 Austin Parkway in Lone Star, Texas,” said Harte. “My family bought a lake house in Lone Star as an investment property. We lived there while we remodeled it. Then we sold it and moved back to Austin Parkway. Now we have bought another lake house across the lake which we are fixing up. We stay there most nights because coming home from work, there are only a few hours a day to work on it. In any case, having a lake house does not affect someone’s residency status. We also declared homestead status there. Please review the Texas definition of homestead and compare it to the definition of residency. There is no overlap.”
Harte continued, “The website for the Secretary of State has a page describing eligibility for office. It says that “Only a court of law may make a ruling on a person’s residence.” It also states that, “No public record conclusively proves residency.” So, if any citizen wants to bring suit in district court to challenge my residency status, I would say go ahead. It is your right to do so. A couple of the records that I will use in defense of my position will be the gas bills that I pay for 200 Austin Parkway and a deed with my name on it. Any citizen is welcome to bring suit including the individual members of city government. However, I believe that it would be illegal to use the city attorney or resources of the local government to do so. I will demonstrate that in court if need be.”
Harte continued stating his belief that he should not be disqualified because the law only applies to Type A cities. Lone Star, according to records, did not become a Type A city until after Harte was elected, although it was before the law took effect.
After Harte made his case against his disqualification, the council recognized any citizens in attendance who wished to speak. Travis Pool stated his opinion that if Harte did not live in the city limits then he did not need to be on the council. Pool urged the council to “Do right.” Kenny Simpson also spoke, speaking to Harte’s efforts prior to being elected.
“I recall Ryan Harte coming around, speaking to us as voters and explaining what he planned to do if elected,” said Simpson. “That is why my wife and I came out to vote. I ask you to think about those voters when you make your decision.”
Following public comments on the situation, the council discussed the issue. Hodges stated that, via public record, Harte does not own property in Lone Star. Alderman Keith Reiter asked Harte if he had documentation with him to prove that he lived at 200 Austin Parkway, to which Harte replied he did not.
After clarification of the possible options, Alderman Lynn Cox made a motion that there was not sufficient evidence to overturn the automatic disqualification, and that Harte would be removed from his seat on the council. The motion was seconded by Mona Brown.
After a unanimous vote, Harte was deemed disqualified from holding the position of Alderman due to residence requirements, and his seat was vacated.
