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Paxton sues Austin, four other Texas cities, over marijuana possession policies

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Paxton sues Austin, four other Texas cities, over marijuana possession policies


Texas Attorney General Ken Paxton is suing Austin, San Marcos and three other cities that have adopted policies that he says violate state marijuana laws.

Paxton alleges the five cities — which also include Killeen, Denton and Elgin — have rules that instruct police not to enforce Texas’ drug laws.

He argued Texas Local Government Code forbids cities from adopting policies in which a city is not fully enforcing drug laws. In addition, he said, the Texas Constitution notes it is unlawful for cities to adopt ordinances that conflict with state law.

“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said in a statement. “This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ It’s quite simple: the legislature passes every law after a full debate on the issues, and we don’t allow cities the ability to create anarchy by picking and choosing the laws they enforce.”

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In May 2022, Austin voters approved a proposition to sanction the possession of 4 ounces or less of marijuana and ban the use of no-knock warrants by police.

About 11% of people registered to vote in Travis County participated in the election, which is common when a vote is not held in November.

San Marcos, Elgin, Killeen and Denton later joined the ranks to decriminalize low-level marijuana possession. Similar efforts are now underway in Dallas and have been led by voter engagement nonprofit Ground Game Texas.

Austin police already weren’t arresting people for low-level possession. Prosecutors began dropping misdemeanor marijuana cases after a state law in 2019 legalized hemp. After some back and forth in 2020, Austin police agreed to stop citing people for the offense.

Congressman Greg Casar, who wrote the resolution to stop pursuing low-level marijuana cases, said the policies promote social justice and that local resources should “go to keeping people safe, not chasing people down for low level pot offenses.”

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The City of Austin did not immediately respond to a request for comment but said it was aware of the lawsuit.

“Ken Paxton’s lawsuits represent an anti-democratic assault on the constitutional authority of Texas Home Rule cities to set local law enforcement priorities,” Julie Oliver, executive director for Ground Game Texas, said. “In each of the cities sued, a supermajority of voters adopted a policy to deprioritize marijuana enforcement in order to reduce racially-biased law enforcement outcomes and save scarce public resources for higher priority public safety needs.”

Paxton has asked the district court to repeal city’s ordinances and make them enforce state law.

Copyright 2024 KUT News. To see more, visit KUT News.

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Central Texas aquifers could see slight boost after week of rainfall

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Central Texas aquifers could see slight boost after week of rainfall


This week’s rainfall across Central Texas could help to bring a much-needed boost to the region’s aquifers, which have been operating at dangerously low levels.

The backstory:

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On Tuesday, the Austin area saw over an inch of rain while Georgetown received close to six inches, as the San Gabriel River rose over six feet throughout the day.

But the heavy downpour was a welcome sight for Shay Hlavaty, the communications and outreach manager at the Barton Springs Edwards Aquifer Conservation District. 

Created by the state of Texas in 1987, the District oversees segments of the Edwards and Trinity Aquifers, stretching from South Austin to southern San Marcos. 

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In total, the portions of the aquifers they oversee provide water to around 100,000 people.

“Groundwater is a significant water source, you know. It’s kind of the unsung hero of Texas,” says Hlavaty.

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But over the last few years, the region’s groundwater levels have been in decline.

“Since January 2022, we are missing over a year’s worth of rainfall. So, in the Austin area, we get about 32 to 34 inches a year. And so over that time, we have, you know, a 30-plus inch deficit,” says Hlavaty.

Since October, the District has been under a stage three exceptional drought. Those conditions are determined by two indicators: spring flow at Barton Springs and groundwater levels at the Lovelady Monitor Well. 

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If either of these locations drops below a drought threshold, the District could declare a more intense drought stage.

By the numbers:

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Some of the latest data shows that Barton Springs isn’t performing as it needs to support the ongoing growth of the region.

To put it into reference, the average since about 1978 at Barton springs is 60 CFS. That’s cubic feet per second. And one cubic foot is about the size of a beach ball, an average beach ball. So, 60 beach balls of water coming out every second from Barton Springs. Before this rainfall, we were closer to 12 CFS, so only 12 beach balls coming out every second, so that’s less than a quarter of average,” says Hlavaty.

That same data also shows that the Lovelady Well is 453.8 feet above mean sea level. That’s only 5 inches above the Stage 4 Emergency Response Threshold.

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“This isn’t something that’s going to go away. Even if we busted this drought and get out of it, the next drought is going to be around the corner,” says Hlavaty.

Dig deeper:

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But this week’s rain did provide a small boost, helping to prevent the district from potentially falling into a deeper stage of drought.

So, we’re still in that stage three exceptional level, and this rainfall will help us stay out of that stage four emergency,” Hlavaty told FOX 7. “It’ll help stabilize, if not increase groundwater levels and spring flow.”

The total rainfall for the Austin area in April so far is 4.14 inches, well above the typical total average for the month, which is 2.42 inches. But that sort of above precipitation must continue if there is to be any chance of drought levels decreasing.

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“We really need to have above average rainfall for months, if not years, to bust this drought,” says Hlavaty.

What you can do:

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As May approaches, which typically brings the most rainfall throughout the year, Hlavaty urges people to cut back on water use when they can, especially watering their lawns, which can consume large amounts of drinking water. 

And as Central Texas continues to see a boom in population, combined with hotter than average temperatures for February and March, conservation is as important as ever.

“It’s important to remember that a little bit of rain here, a little bit of rain there, isn’t going to best the drought. So, we all have to do our role to help conserve resources in the meantime,” says Hlavaty.

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The Source: Information from interviews conducted by FOX 7 Austin’s Marco Bitonel

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Judge Albright, who oversaw patent litigation boom in Texas, to resign

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Judge Albright, who oversaw patent litigation boom in Texas, to resign


U.S. District Judge Alan Albright, who before relocating to Austin, Texas, last year helped transform a tiny courthouse in Waco into a hub for much of the patent litigation in the United States, ​plans to resign, a person familiar with the matter said.



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Appeals court rules Texas can require public schools to display Ten Commandments in class

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Appeals court rules Texas can require public schools to display Ten Commandments in class


DALLAS (AP) — Texas can require the Ten Commandments to be displayed in public school classrooms, a U.S. appeals court ruled Tuesday in a victory for conservatives who have long sought to incorporate more religion into schools.

WATCH: Texas school board approves new course material that includes Bible passages

It sets up a potential clash at the U.S. Supreme Court over the issue in the future.

The 5th Circuit Court of Appeals said in the decision that the law did not violate the First Amendment, which protects religious freedom and prevents the government from establishing a religion.

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Texas Attorney General Ken Paxton, a Republican, called the ruling “a major victory for Texas and our moral values.”

“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” Paxton said.

Organizations representing the families who challenged the law, including the American Civil Liberties Union, said in a statement that they were “extremely disappointed” by the decision.

“The court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority. The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights,” the statement said.

The law is among the pushes by Republicans, including President Donald Trump, to incorporate religion into public schools. Critics say it violates the separation of church and state while backers argue that the Ten Commandments are historical and part of the foundation of U.S. law.

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The ruling, which reverses a district court’s judgment, comes after the full court heard arguments in January in the Texas case and a similar case in Louisiana. The appeals court in February cleared the way for Louisiana’s law, requiring displays of the Ten Commandments in public school classrooms. The 5th Circuit Court of Appeals voted 12-6 to lift a block that a lower court first placed on the law in 2024.

Texas law took effect on Sept. 1, marking the largest attempt in the nation to hang the Ten Commandments in public schools. About two dozen school districts had been barred from posting them after federal judges issued injunctions in two cases against the law but went up in many classrooms across the state as districts paid to have the posters printed themselves or accepted donations.

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