HomeMy WebLinkAboutR-2015-02 oppose Senate Bill 343 which would errode authority of Home Rule Municipality RESOLUTION NO. 2015- QoZ
A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF LA PORTE, TEXAS,
OPPOSING SENATE BILL 343 AND ANY OTHER LEGISLATION WHICH WOULD
ERODE THE AUTHORITY OF A HOME RULE MUNICIPALITY; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, in 1868 .a federal judge named Dillon.issued a ruling that cities can do only
what their state government expressly authorizes them to do; and
WHEREAS, after that federal court decision, the people of Texas decided .centralized
government is not the way to go and in 1912 adopted a constitutional amendment
affirming Texas' commitment to local decision making; and
WHEREAS,the Texas Constitution, in Article X1, Section 5, authorizes cities over 5,000
population to adopt by election a home rule charter, which charter grants the citizens of
that city the power of self-government; and
WHEREAS, the City of La Porte adopted its Home Rule Charter in March 1949; and
WHEREAS, Senate Bill 343, filed by Senator Don Huffines during this the 84th Texas
Legislative Session, would totally upend the relationship between Texas cities and state
governmentby causing Texas to revert to the rule created in Dillon's 1868 federal court
decision and would require City of La Porte voters and local elected officials to get the
Texas state legislature's permission to enact any local ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section.1. The City Council of the City of La Porte strongly opposes Senate Bill 343
and any legislation that would erode the authority of a home rule municipality.
Section 2. The City Council of the City of La Porte officially finds, determines, recites
and declares that a sufficient written notice of the date, hour, place and subject of this
meeting of the City Council is posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting, as required by Chapter
551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this Resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective upon its passage and approval.
PASSED AND APPROVED this 23rd day of February, 2015.
CITY O RTE
By: .
L uis . Rig y
M
ATTEST: APPROVED:
Patrice Fogartyo Clark T. Askins
City Secretary Assistant City Attorney