HomeMy WebLinkAboutPR 18949: OPPOSING SENATE BILL 343 AND ANY OTHER LEGISLATION WHICH WOULD ERODE THE AUTHORITY OF A HOME RULE MUNICIPALITY P.R. No. 18949
04/08/15 gt
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, 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 (REQUESTED BY
MAYOR PRINCE)
WHEREAS, in 1868 Iowa Supreme Court Justice John F. Dillon wrote the
opinion, now known as "Dillion's Rule" and later adopted by the U.S. Supreme
Court in 1891, stating that cities can do only what their state government
expressly authorizes them to do; and
WHEREAS, after the U.S. Supreme Court reaffirmed Dillon's Rule in 1907,
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 XI, Section 5, authorizes cities
over 5,000 population to adopt by election a home rule charter, which grants the
citizens of that city the power of self-government; and
WHEREAS, the Declaration of Independence states that governments are
instituted to secure people's rights and that government derives its just powers
from the consent of the governed; and
WHEREAS, by resolution on March 12, 1932, the citizens of the
City of Port Arthur adopted its Home Rule Charter by more than majority
of the votes cast as said election; and
WHEREAS, municipal government is the government closest to the people
and therefore the most knowledgeable of local aspirations, issues, needs, and
tolerances; and
WHEREAS, as the unit of government closest to the people, local City of
Port Arthur officials are more accessible, approachable, and available to their
citizens than officials at any other level; and
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WHEREAS, Senate Bill 343, filed by Senator Don Huffines during the 84th
Texas Legislative Session, would totally upend the relationship between Texas cities
and state government by causing Texas to revert to the rule created in Dillon's
1868 federal court decision and would require City of Port Arthur voters and local
elected officials to get the Texas state legislature's permission to enact any local
ordinance; and
WHEREAS, Senate Bill 343 is an affront to the clearly stated desires of the
citizens of Texas and of Port Arthur, as well as more than a century of
precedent, practice, good governance, and local control; and
WHEREAS, adoption of Senate Bill 343 will result in the constriction of
democracy at the community level and prevent over 18 million Texans currently
living in home rule cities from protecting themselves from the vacuuming effect
of the centralization and consolidation of government power.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the City Council of the City of Port Arthur strongly opposes
Senate Bill 343 and any legislation that would erode the authority of a home rule
municipality.
Section 2. That the City Council of the City of Port Arthur 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. That a copy of the caption of this Resolution shall be spread upon
the Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of , 2015
AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES:
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Mayor: ,
Councilmembers: ,
NOES: .
Mayor
ATTEST:
City Secretary
APP OV D AS TO FORM:
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City Attorney 1
APPROVED FOR ADMINISTRATION:
City Manager
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