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Council adopts May 2024 charter amendments but excludes Prop M after legal advice on state preemption
Summary
The Bastrop City Council voted Jan. 28 to adopt several May 2024 charter amendments but excluded Proposition M after city attorneys warned state law likely preempts local adoption.
The Bastrop City Council voted Jan. 28 to adopt several charter amendments the voters approved in May 2024, but it declined to adopt Proposition M — the marijuana decriminalization charter change — after advice from the city attorney that state law likely preempts local action and that adopting M could expose the city to costly litigation.
What staff said: The city attorney briefed council on state‑law preemption and recommended the council make a factual finding that Prop M is unenforceable under state law and therefore should not be adopted as a city charter amendment at this time. Staff estimated potential legal exposure of roughly $400,000 in legal defense costs if the city chose to adopt and defend Proposition M against state enforcement.
Council vote: A motion to adopt the May 2024 charter amendments with the exception of Prop M passed after a roll call: two council members (Lee and Foster) voted against excluding Prop M; Mayor Pro Tem John Kirkland cast the tie‑breaking vote in favor of excluding M. The motion carried and the remaining charter amendments were adopted.
Why it matters: The decision resolves immediate legal exposure for the city but leaves the political issue unresolved. Councilmembers who opposed excluding M said they supported following the voter outcome; those who supported exclusion said the city could face preemption litigation and significant cost to taxpayers.
