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San Marcos council approves ordinance codifying tenants' right to organize after debate over property-manager liability and door-to-door access
Summary
The San Marcos City Council voted 7-0 Oct. 21 to adopt an ordinance adding a tenants' right to organize to city code. Public commenters and council members debated whether property managers should be included as liable parties and whether tenant organizers may solicit on private property without an invitation.
The San Marcos City Council on Oct. 21 approved Ordinance 2025-43, amending Chapter 46 of the city code to add a tenants' right to organize and penalties for violations. The measure passed on the second of two readings by a 7-0 vote.
The ordinance formalizes a tenants' right to organize and includes provisions covering communications between landlords, their agents and tenants. Proponents during public comment said the measure will help tenants know and exercise organizing rights; opponents raised legal and operational concerns about including property managers as liable parties.
Hannah Garcia, speaking on behalf of the Austin Apartment Association, told council that including individual property managers as liable parties raises both legal and operational issues. Garcia cited state law in arguing that holding on-site employees personally liable could conflict with Texas statutes, saying, "Texas local government code section 250.003…
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