The City Council on Sept. 9 approved a resolution asking the Texas Municipal League to consider seeking state legislation that would clarify municipalities’ authority to adopt reasonable time, place and manner rules for public‑comment periods, a proposal that sparked a wide council debate about local control and First Amendment protections.
Resolution purpose: The draft resolution asks TML to pursue statutory language recognizing that municipal councils may adopt constitutional time‑place‑and‑manner rules to maintain order and safety during public comment, while preserving speakers’ First Amendment rights, city attorney Robert Hager said.
Council debate: The measure divided council. Councilmember Walker opposed the resolution on principle, arguing that local elected officials — not Austin — are the best judges of rules for their meetings and that the state has increasingly constrained home‑rule authority. “I don’t really favor any restrictions on citizens’ appearance,” Walker said during debate. Mayor Pro Tem Carol and Councilmember Matthew also said they opposed the request for state action. Other councilmembers, including Councilmember Prem Kumar and Councilmember Nevills, said the resolution is intended to reduce city liability and provide an additional statutory safeguard for reasonable, content‑neutral rules.
Vote and next steps: Councilmember Nevills moved approval; Councilmember Hinojosa Smith seconded. The resolution passed with opposition from Councilmembers Walker, Carol and Matthew. If TML accepts the recommendation, it will consider the proposal at its annual meeting and membership vote; a TML-sponsored bill would still need the state Legislature’s action.
Ending: The council majority framed the resolution as a liability‑mitigation and clarity measure, not a request to curtail content or political expression; opponents cautioned about the trend of state intrusion on home‑rule prerogatives.