Mayor's Office Press Release

Statement on Appellate Court Decision in Rebuild Houston Lawsuit

February 9, 2017 -- The City of Houston is reviewing an appellate court ruling in the ongoing legal dispute over the 2010 ballot initiative used to authorize creation of Rebuild Houston. The available options include requesting reconsideration by the appellate court or a direct appeal to the Texas Supreme Court.

In 2010, the city received a citizen initiated petition calling for a vote on creation of a dedicated drainage and street renewal fund.   The measure was placed on the ballot and approved by a majority of voters. The outcome of that election was challenged by Allen Mark Dacus and Elizabeth C. Perez.

While the City did not initiate the ballot measure, it has been compelled to defend it. The 14th Circuit Court of Appeals today affirmed the trial court’s judgment voiding the election results and requiring a new election.

The ruling does not address the City’s ability to continue the Rebuild Houston program and the collection of the drainage fee, both of which are controlled by a City Council ordinance that has not been challenged in this case.