HomeMy WebLinkAboutR2015-011s:\legal\our docum�nts\resofutions\15�resofution opposing sb 343.docx
RESOLUTION NO. �015-011
A RESOLUTION OF THE CITY OF DENTON, TEXAS, IN OPPOSITION TO SENATE BILL
343 AND ANY OTHER LEGISLATION WHICH WOULD ERODE THE AUTHORITY OF A
HOME RULE MUNICIPALITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1868 federal judge John Forest Dillon issued a ruling stating that cities
can do only what their state government expressly authorizes them to do and this ruling became
known as the Dillon Rule; and
WHEREAS, the people of Texas decided the Dillon Rule and centralized government
was not desirable for larger cities 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 City of Denton adopted its Home Rule Charter in 1959; and
WHEREAS, the City Council of the City of Denton and city councils across the state
have to make decisions at the neighborhood level to protect the property values, the quality of
life, and even save lives; and
WHEREAS, Senate Bill 343, filed by Senator pon Hufiines during the 84th Texas
Legislative Session, would upend the relationship between Texas cities and the state government
by causing Texas to revert to the rule created in Dillon's 1868 federal court decision and would
require the City of Denton voters and local elected officials to get the state legislature's
permission to enact any local ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by
reference into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Council of the City of Denton, Texas is OPPOSED to Senate Bill
343 and any other legislation that would erode the authority of a home rule municipality.
SECTION 3. Eroding the home rule authority of cities: (a) removes the ability of cities to
enact reasonable regulations to protect health, safety and property values; (b) restricts the ability
of cities to be responsive to the will of the local voters; and (c) will undo 100 years of home rule
in Texas.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
s:\legal\our documents�resolutions\15�resolution opposing sb 343.docx
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PASSED AND APPROVED this the _� .e _ day of �_���u��m ,, 20 � 5.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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