Winehole23
02-09-2023, 03:22 AM
Vote will be on May 6th.
The charter amendment also calls for codifying the city’s existing cite-and-release policy and expanding it to include all low-level, non-violent crimes eligible under Texas law, which precludes public intoxication, assault and family violence.
City Attorney Andy Segovia said Wednesday that the only legally enforceable part of the charter amendment would be council’s appointment of a justice director. The other “elements are all inconsistent with state law, therefore even if the public does end up adopting the charter amendment, the charter amendment as written will not be enforceable.”
Siegel, a former Austin assistant city attorney, disagrees with this assertion.
“The Texas Constitution grants the people of San Antonio so-called home-rule authority, which means that the people of San Antonio can adopt any law that does not conflict with state law and have the discretion to allocate scarce local public resources,” Siegel said.
The Justice Charter directs the city not to spend money on the enforcement of Class A or Class B misdemeanor marijuana possession and the state’s abortion laws.
https://www.expressnews.com/news/local/article/san-antonio-voters-to-decide-on-abortion-17772677.php
The charter amendment also calls for codifying the city’s existing cite-and-release policy and expanding it to include all low-level, non-violent crimes eligible under Texas law, which precludes public intoxication, assault and family violence.
City Attorney Andy Segovia said Wednesday that the only legally enforceable part of the charter amendment would be council’s appointment of a justice director. The other “elements are all inconsistent with state law, therefore even if the public does end up adopting the charter amendment, the charter amendment as written will not be enforceable.”
Siegel, a former Austin assistant city attorney, disagrees with this assertion.
“The Texas Constitution grants the people of San Antonio so-called home-rule authority, which means that the people of San Antonio can adopt any law that does not conflict with state law and have the discretion to allocate scarce local public resources,” Siegel said.
The Justice Charter directs the city not to spend money on the enforcement of Class A or Class B misdemeanor marijuana possession and the state’s abortion laws.
https://www.expressnews.com/news/local/article/san-antonio-voters-to-decide-on-abortion-17772677.php