Pending legislation puts some cities in Texas, including Conroe, at risk of losing their ability to create and enact ordinances as mandated by a Texas constitutional amendment in 1912.

Without discussion, the Conroe City Council unanimously approved a resolution Feb. 26 to oppose the legislation.

Senate Bill 343, filed by Sen. Don Huffines, R-Dallas, would revert current home rule cities like Conroe to legislation created in 1868 that requires all cities to get the Texas Legislature’s permission to enact local ordinances.

In 1868, a federal judge issued a ruling that cities can do only what their state government authorizes them to do, according to information from the city of Conroe. Following that ruling, however, Texas legislators decided centralized government was not the way to go and in 1912 adopted a constitutional amendment authorizing cities with populations over 5,000 to adopt, by election, a home rule charter granting the citizens of that city the power of self-government.

As of press time, the bill, which has no companion legislation, was still in committee.

The only two home rule cities in Montgomery County are Conroe and Willis.

“(A home rule) city can do anything authorized by charter but not prohibited by state law,” said Scott Houston, deputy director and general counsel for the Texas Municipal League.

TML, formed in 1913, provides services, such as legal guidance, representation on state and federal matters and training on different city-related topics. Prohibiting sex offenders from being within a certain distance of a school or where children gather and regulating payday lenders are examples of home rule city ordinances outside of existing state statutes.

“(Those) are exclusively home rule city authority regulations,” Houston said. “If SB 343 were to pass, a home rule city couldn’t do that until the state passes state law.”

Houston, however, said there is some concern from officials that SB 343 is unconstitutional.

“There is some question as to whether a legislator can come back and basically eliminate (ordinances) by statute,” he Houston, adding that if SB 343 were to pass, it probably would spark legal action by home rule cities.

There are about 400 home rule cities in Texas with numerous ordinances in place as allowed by the 1912 amendment, according to Houston.

“All those cities would have to re-review the legality of every regulation they passed,” said Houston, noting that it would be extremely costly for cities.

Larry Foerster, who serves as legal counsel for several municipalities including Willis, said he expects the Willis City Council to discuss a similar resolution opposing SB 343.

“In my judgment, it is an unconstitutional piece of legislation,” he said. “It flies in the face of the Texas Constitution, which gives some self-governance to a home rule city by constitutional authority. And as I read SB 343, it would take away much of that constitutionally granted authority.”

Home rule cities, he said, have more “latitude and authority for self-independence.”