City notes State Law while implementing Freedom Act

LPR staff

While voters approved a Charter initiative with the Lockhart Freedom Act at the Nov. 5 General Election, City Council last week passed a resolution acknowledging the fact that Texas State Law prohibits cities from not fully enforcing drug laws.

City Attorney, Brad Bullock, noted state laws were in stark contrast with the Lockhart Freedom Act, therefore meaning Lockhart could violate such laws by not fully enforcing them. Among such violations would be low-level cannabis enforcement.

Bullock said several cities, including Dallas, had been sued by Texas Attorney General Ken Paxton.

Lockhart’s new resolution includes:

* Being legally prohibited from adopting and enforcing policies and laws that are in direct and irreconcilable conflict with state and federal laws; including laws related to the enforcement and regulation of cannabis.

* Any provision of the Lockhart Freedom Act that purports to prohibit the full enforcement of laws relating to drug enforcement, including Chapters 481 and 483 of the Health and Safety Code and federal law is preempted by state law and is therefore unenforceable.

* The City of Lockhart calls on state and federal legislators to resolve the conflict between local and state/federal laws related to cannabis regulation.

The Texas Attorney General’s Office has sued several Texas cities for their adoption and implementation of ordinances/charter amendments similar in purpose and scope to the Lockhart Freedom Act.

The Lockhart Freedom Act contains several provisions that prohibit Lockhart Police from investigating and charging certain misdemeanor marijuana offenses, except under limited circumstances. State law provides that cities may not adopt policies that do not fully enforce applicable state and federal cannabis laws.

In other business:

The “Evening with the Authors” program presented a $10,000 check to the Dr. Eugene Clark Library following their October event.

Nita McBride, Wayne Walther, and Jody King were each given a token of appreciation for their support with the “Evening with the Authors” as they stepped down from their roles.

The City of Lockhart has $1.4 million of ARPA funds remaining to allocate towards future projects. In order to comply with the federal Treasury Department requirements, any remaining ARPA funds must be obligated by the end of December 2024 and fully expended by the end of 2026.

City Council approved the remaining ARPA funds to pay for the following projects:

* Library interior and exterior improvements

* Animal Shelter rehabilitation/improvements

* Fleet improvements for public safety, among others, including a brush truck for the Fire Department and new patrol units for the Police Department.

The City of Lockhart’s Finance Department was awarded a Certificate of Achievement for Excellence in Financial Reporting by GFOA for its annual comprehensive financial report for Fiscal Year 2022-2023. This award is the highest form of recognition in governmental accounting and financial reporting. This is the fifth year that the City of Lockhart has received this recognition.

Councilmember Juan Mendoza reminded all to “please lock your vehicles and hide your valuables.” There had been a rash of thefts around Thanksgiving in the area.