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RESOLUTION NO. 2015 -42R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br />OPPOSING SENATE BILL 343 AND ANY OTHER LEGISLATION ATTEMPTING TO TAKE <br />AWAY THE POWER OF SELF GOVERNMENT GRANTED TO TEXAS HOME RULE CITIES <br />BY THE TEXAS CONSTITUTION; AND PROVIDING AN EFFECTIVE DATE <br />WHEREAS, in 1868 a federal judge named Dillon issued a ruling that cities can do only what <br />their state government expressly authorizes them to do; and <br />WHEREAS, in 1912, the people of Texas decided that centralizing governmental power in the <br />Texas Legislature is not advisable and, therefore, adopted a constitutional amendment affinning Texas' <br />commitment to local decision making; and <br />WHEREAS, the Texas Constitution, in Article 11, Section 5, authorizes cities over 5,000 <br />population to adopt a home rule charter by election and thereby grant the citizens the power of self - <br />government; and <br />WHEREAS, the City of San Marcos adopted its horne rule charter in 1967; and <br />WHEREAS, Senate Bill 343, filed by Senator Don Huffines during the current 84`x' Regular <br />Session of the Texas Legislature, appears to be an unconstitutional attempt to legislatively abolish the <br />power of self - government granted to Texas home rule cities by the Texas Constitution; and <br />WHEREAS, Senate Bill 343 would divest the citizens of local control of their government, and <br />require their locally elected government officials to obtain the perrnission of the Texas Legislature before <br />enacting any city ordinance; and <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br />PART 1. The City Council of the City of San Marcos strongly opposes Senate Bill 343 <br />and any legislation that attempts to abolish the power of self - government granted to Texas cities that <br />have adopted home rule charters in accordance with Article 11, Section 5 of the Texas Constitution. <br />passage. <br />PART 2. This Resolution shall be in full force and effect inunediately from and after- its <br />ADOPTED on March 17, 2015. <br />aniel Guerrero <br />Mayor <br />Attest: <br />Jamie Le Pettijo <br />City Cler <br />