Texas State Rep. Files Bill to Create ‘District of Austin’

The Texas State Capitol in Austin, Texas, on Sept. 20, 2021. Tamir Kalifa/Getty Images

A Texas state representative has filed a bill to create the “District of Austin,” which would abolish the City of Austin’s local authority.

Republican Rep. Jared Patterson of Denton County filed HB 714 (pdf) to disrupt the city’s policies he says have failed the residents in Austin.

“Elected officials in Austin have failed their city. Record high taxes and crime are pushing folks out of the city, and their San Francisco wannabe policies force the state to come over the top on legislation each session,” Patterson wrote on Twitter.

“I filed HB 714 & HJR 50 to create the District of Austin to give the elected representatives of the State of Texas an opportunity to better manage a Capitol District, reduce taxes, enforce our laws, and defend Texas values.”

The District would be overseen by the state’s elected officials.

“House Bill 714 is basically an idea based on the structure of Washington, D.C., where there is congressional oversight, Patterson told KTBC. “We would have the state legislature have oversight, kind of a ‘checks and balances’ for the Capitol district in this case.”

He said some of the Democrat-run city’s policies reach beyond the Austin city limits, impacting other parts of the state.

“When Austin passes some far-left policies like defunding the police, we have to bring DPS troopers from around the state to protect Austin and our State Capitol, and that removes resources from other areas of the state,” Patterson said. “You have to certainly respect folks in Austin who want to keep it weird, but we just want to make sure it’s not too weird that it affects the rest of the state from a public safety standpoint.

There are two primary types of cities in Texas, general law and home rule.

Austin is one of approximately 350 home-rule cities. That means it has the local power to self-govern as long as it doesn’t conflict with state law or the Texas Constitution.

Home-rule cities have broader powers than general-law cities (pdf).

Texas cities start as general law cities by default. When the city’s population reaches 5,000 or more, it can hold an election to adopt a home-rule city charter.

Richard Pineda, a political science expert at the University of Texas El Paso, told KXAN that the Texas Constitution would prevent the bill from passing.

“Essentially, home rule defines municipalities as having their own constitution in most cases. That’s the city charter,” he said.

“The idea that you would upset the balance of a home rule city by trying to turn it into a governable district is, I mean, you know, again, I think the best way to describe this is political theater.”

The bill would need a two-thirds vote in the Texas House and the Senate before it could be placed on the ballot for voters to decide.