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Republican lawmaker proposes bill to allow Texas to seize control of Austin

This is the third legislative session in a row where lawmakers have introduced a bill on the topic.

AUSTIN, Texas — State lawmakers are reviving an effort to allow the State of Texas to govern the city of Austin.

State Rep. Briscoe Cain, a Republican from Deer Park, filed House Bill 274 ahead of the upcoming legislative session. It would allow the legislature to create a "District of Austin."

It is a bill that state lawmakers have introduced before, but it has never gained traction. In a press release, Cain cited bad governing, homicide rates, violent crime and other public safety-related concerns as reasons for "Austin's declining ability to govern as the state capital effectively." He said it highlights "systemic leadership failures, compounded by the defunding of police and policies that deprioritize public safety, leaving the state capital exposed to unacceptable risks."

"Our state employees and visitors to the Capitol deserve to feel safe," Cain said in a statement. "The City of Austin has failed to govern responsibly, and its negligence endangers those who come here to serve Texans and our constituents who participate in state government."

By sheer numbers, Austin has seen an uptick in homicides since the pandemic, spiking to 88 homicides per year in 2021. The annual number, however, has stayed below that level in the years since. So far this year, the Austin Police Department said it has investigated 65 homicides, which is not far off of last year's total of 73.

Looking at that data compared to population growth, the homicide rate rose to about nine people killed per 100,000 residents in 2021, and that number has been hovering between six and eight homicides per 100,000 residents in the years since.

The legislation would establish the District of Austin from the current boundaries of the city of Austin. The district would follow the current laws in Austin. However, state lawmakers would have the power to amend or repeal laws, ordinances or policies they do not like.

The Lieutenant Governor and Speaker of the House would need to approve any amendment to the district's charter.

Cain proposed the bill back in 2021, but it did not pass. State Rep. Jared Patterson proposed a similar bill in 2023 that also failed in committee.

In a post on X on Monday, Cain said he felt compelled to re-file it this year. 

"For far too long, city leaders have thumbed their nose at the Capitol and turned their backs on their own citizens," Cain's post read. "A District of Austin will keep residents and visitors safe."

"This is a red meat bill from Republicans. This is a sort of a wish list kind of thing for Republicans over the last couple of legislative sessions," Scott Braddock, editor of the Quorum Report, said. "This is virtue signaling from Republicans. They argue that Austin is too liberal and sucks, so the state of Texas, which Republicans run, should run it instead."

The resolution is a constitutional amendment to allow the Legislature to create a district that serves as the seat of government. If it were to pass the Legislature, it would still need to be approved by voters. But Braddock said there is almost no chance it would get that far.

"Two-thirds of the members of the Texas House and Texas Senate would have to vote for it, and then it would be voted on by the people of Texas," Braddock said. "The problem with that, for Republicans, is that there are no Democrats who would vote for this, certainly not enough to get to 100 votes in the Texas House, which is a requirement for this to pass."

Austin is a home-rule city, meaning it operates under a charter. That city charter is considered Austin's constitution.

In response, Austin Mayor Kirk Watson cited the fact that U.S. News and World Report named Austin one of the best places to live based on the high quality of life, strong job market and overall desirability and value. 

"Austin is a pretty great town. It's a great town to start a career or business," Watson said in a statement. "It's a great town for innovators and people who are vibrant, vital and looking to the future with new ideas. It's a great town to have fun, enjoy good food and even better music."

Watson also pointed out that the Milken Institute ranked Austin as the best-performing large city in 2024. He said the proposed bill from state lawmakers would not do much to address the challenges the city is facing.

"The Texas Legislature has been hostile to all Texas cities in recent years, but it's long had a special and unnecessary antipathy for its state capital," Watson said. "It's been an effective political tool for some in control of the Capitol but isn't particularly helpful when we're actually trying to solve our shared problems."

Cain said the city's "focus on controversial political initiatives rather than infrastructure and public service has raised questions about its ability to manage the responsibilities of hosting the state capital."

"This is about more than governance – it's about safety, accountability, and protecting the integrity of Texas' state government," Cain said in a statement. "Austin's failures are not just an embarrassment; They threaten the people who live and work here and the citizens who visit. The District of Austin will provide the focused, accountable leadership necessary to address these challenges head-on."

If it were to pass, the District of Austin would be established on Jan. 1, 2026. You can read the full text of the bill here. The 89th legislative session starts on Jan. 14.

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