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Ken Paxton is suing five Texas cities over their marijuana decriminalization ordinances

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Ken Paxton is suing five Texas cities over their marijuana decriminalization ordinances


Back in 2022, voters in five municipalities in Texas – Austin, Elgin, Killeen, Denton and San Marcos – approved ballot measures that would decriminalize low-level marijuana possession. The initiative was led by Ground Game Texas, a progressive organization whose polity priorities include protections for “workers, wages and weed.”

In all five cities, the ordinances had overwhelming support: 85% of Austin voters were in favor, while Killeen, with the lowest share of votes in favor, still passed the measure with 69% voting “yay.”

Now, Texas Attorney General Ken Paxton is suing to block the ordinances, saying they run afoul of state law. In a press release last week, Paxton said the cities “violate the lawful statutes designed to protect the public from crime, drugs, and violence.”

At least one nonprofit, Decriminalize Denton, has said it will be filing a petition to have Paxton’s lawsuit dismissed on the grounds that it has no legal standing. But according to marijuana law expert Frank Snyder of the Texas A&M University School of Law, Paxton may indeed have a case.

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Snyder spoke with the Texas Standard about the ordinances, Paxton’s challenge, and what we can expect to see as the legal fight plays out.

This transcript has been edited lightly for clarity:

Texas Standard: Five Texas cities passed these ordinances in 2022: Austin, San Marcos, Killeen, Elgin, Denton. Remind us what these ordinances do.

Frank Snyder: Essentially, they prohibit police officers in those cities – and other enforcement officials – from going after low-level marijuana offenses such as possession. Essentially, the ordinance says that the cities are de-prioritizing marijuana enforcement.

And what does de-prioritizing mean?

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It means, essentially, that while it’s still illegal, and the police still can do it, they should put that at the very bottom of the list and should not, in fact, be arresting people simply for possession of relatively small amounts of marijuana.

Well, as you’re probably aware, the attorney general says he will “not stand idly by as cities run by pro-crime extremists deliberately violate Texas law.” What sort of argument is he making here, that there is something in particular in these cities that is illegal under Texas law?

Yeah, I mean, shorn of the rhetoric, what he’s basically saying is Texas makes marijuana illegal under its Controlled Substances Act and under the federal Controlled Substances Act. Cities like the ones you mentioned have home rule, which allows them to pass ordinances that have the effect of law so long as under the Texas Constitution, they don’t conflict with the laws passed by the Legislature.

These laws theoretically don’t violate that particular provision. But Texas also has a statute that says no municipality may refuse to enforce the drug laws. That was passed back in 1997, actually. And thus these ordinances directly conflict with state law. And the attorney general is arguing that they therefore can’t stand.

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Well, does Paxton’s lawsuit then hold any legal weight, or is this all about politics? How do you see it?

There may well be politics involved in it, but it looks to me like the suits are very well-grounded. You know, there’s been another suit out, the Bell County-Killeen suit, about whether the county could enforce these things. But ordinarily, the state has the authority to override municipalities’ laws. And therefore, in my view, the suit’s on solid legal grounds.

At least one organization, Decriminalize Denton, is seeking to have this lawsuit dismissed. Where do you see this headed?

Well, they’re making an interesting – I haven’t seen their paperwork, but I’ve heard about it – they’re making an argument that, in fact, it’s not really having any effect, and therefore the suit is moot; there’s no reason to bring the lawsuit.

My view in the courts is that Paxton is likely to prevail. Now, what that entails – I mean, how you go about ordering the city officials to enforce laws that they don’t want to enforce – that’s where things get tricky. Charging someone with not enforcing the law, when in fact, district attorneys have discretion about how to go about their duties, that raises really interesting questions.

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These cities, in some respects, don’t seem to be outliers, to the extent that you can go just about anywhere in Texas – go to a truckstop or a convenience store – and you’ll see gummies and and vapes and other products for sale. Many of these products claim to contain THC-9.

It doesn’t seem like there’s a big push in the first place, even in some of the cities that have not passed these ordinances. And I’m just curious about how that lack of enforcement or apparent lack of enforcement might come into play here in these arguments.

I think that’s a really great point. One of the things that’s complicating things is how complicated the marijuana regulations are now. Plants with THC levels above 0.3 are illegal. But if you take hemp and you process it enough, you will get some THC out of it, which is theoretically legal under the federal farm bill.

And so nobody really has figured out exactly where the line is on these products. And they’re flooding the market, which makes it very difficult for police to spend time, you know, wandering through convenience stores, looking for products like this.

And so the advantage of a low-level enforcement prohibition is that it stops police from taking lots of time trying to figure those things out. So that’s what the voters presumably had in mind when they passed these ordinances.

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Glamorous triathlete shared haunting post before drowning during Texas Ironman competition

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Glamorous triathlete shared haunting post before drowning during Texas Ironman competition


A glamorous triathlete who drowned during an Ironman competition in Texas shared a photo from a swimming pool during a final training session just two days before the tragic race.

Brazilian influencer Mara Flávia, 38, shared the shot of her on the edge of a pool on Thursday — two days before she vanished during an open-water swim in The Woodlands Saturday morning.

“Just another day at work,” Flávia, 38, wrote in Portuguese alongside the pic of her wearing a matching pink swimming costume and cap.

Triathlete Mara Flávia was seen sitting by the side of the pool in a snap shared hours before her death. Instagram / @maraflavia

The influencer, who had more than 60,000 followers online, chose the Robin S track “Show Me Love” for her post with the hashtags “triathlon,” “swimming” and “triathlete.”

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Flávia vanished during an open-water swim in The Woodlands Saturday morning – the first of three grueling trials that competitors face during the 140-mile race.

Fire crews were told about a “lost swimmer” at around 7:30 a.m., one hour into the pro-female swim, KPRC reported.

Rescuers battled challenging visibility conditions before Flávia’s body was pulled from the water just after 9:30 a.m. 

Montgomery County Sheriffs confirmed that the victim “drowned while participating in the swim portion of the event,” according to a statement. The office said its Major Crimes unit will continue the investigation “per normal protocols.”

Shawn McDonald, a volunteer, recounted the commotion before the swimmer’s body was recovered.

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The athlete boasted 60,000 followers online. Instagram / @maraflavia
Mara Flávia seen beaming in a poolside snap. maraflavia/Instagram

The dad, who volunteered with his daughter Mila, 12, said a group of younger volunteers in a kayak raised a flag and blew their whistles, “yelling for help.”

“I heard them say she went under,” he wrote on Facebook. 

“I had Mila hand me the paddle and I started calling out to the athletes around us to stop so I could cross. I made my way over in about 30 seconds.

“When I got there and asked what happened, they all said the same thing: She went under. Right here. Right below us. The panic and fear on their faces won’t leave me for a long time.”

The volunteer recalled how one man had a “thousand-yard stare” on his face – before diving into the water in a desperate bid to find Flávia.

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She drowned during a swimming event at The Woodlands. Getty Images for IRONMAN

“I dove in immediately and began searching. After about a minute underwater, I felt her body with my foot. I surfaced, took what seemed like the deepest breath I have ever taken and went back down. She was gone.”

Boats with sonar combed the area – and McDonald was told to leave the water before the body was recovered.

“The victim was found in about 10 feet of water on the bottom of the lake,” Buck said. “The dive team accessed the victim, brought her up about 9:37 and then brought her over to the shore where she was pronounced DOS [deceased on scene],” Palmer Buck, the Woodlands fire chief, said.

It’s not known what caused the triathlete to go under the water.

Journalism grad Flávia previously worked in radio and television before pursuing a sporting career at age 28.

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She previously twice won the Brazilian Grand Prix, and finished third in the Brasilia triathlon event.  





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Texas A&M Forward Transfer Seemingly on Visit to See Lady Vols Basketball | Rocky Top Insider

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Texas A&M Forward Transfer Seemingly on Visit to See Lady Vols Basketball | Rocky Top Insider


fatmata janneh lady vols basketball
Photo via Texas A&M Athletics

Lady Vols basketball is looking to add more pieces to its 2026-27 roster with high-level experience. After completing her junior season at Texas A&M, Fatmata Janneh has emerged as a Tennessee target for her final year of eligibility. According to her Instagram story on Sunday night, she is in Knoxville.

With the Aggies a year ago, the 6-foot-2 forward averaged 11.4 points per game on 43.3% shooting from the field. She also showed off an ability to hit from range, posting 1.1 makes per game on 33% shooting from three.

Perhaps Janneh’s biggest strength is her rebounding, though. She ripped down 9.7 boards per contest, good for the fifth-most in the SEC. This featured 2.6 rebounds on the offensive end per outing.

Janneh also averaged 1.1 assists, 1.4 steals and 0.4 blocks per game. She appeared in 27 games, starting in each.

More From RTI: How Watching The NCAA Tournament Drew Terrence Hill Jr. To Tennessee Basketball

Janneh started her career with a pair of seasons at St. Peter’s. As a sophomore, she averaged a double-double, posting 18.2 points and 11.6 rebounds per game. This made her a sought-after transfer in the portal before landing at Texas A&M as the nation’s leading defensive rebounder. As a freshman, she averaged 11.0 points and 8.0 rebounds.

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The forward is from London, England, attending Barking Abbey Sixth Form for her prep ball. She would be the second player from England to join the Tennessee roster if she committed. UT also added the commitment of incoming freshman and former Boston College signee Irene Oboavwoduo this offseason.

So far, Caldwell and the Lady Vols have landed five transfers in this portal cycle. This features Liberty guard Avery Mills, Northern Arizona guard Naomi White, Stanford forward Harper Peterson and Georgia forward Zhen Craft and guard Rylie Theuerkauf.

Tennessee will also roster a pair of incoming freshmen. Four-star recruit and top-50 prospect Gabby Minus is staying true to her signing despite the roster overhaul and assistant coaching changes, along with the addition of Oboavwoduo.





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Texas needs at least $174 billion to avoid water crisis, state says

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Texas needs at least 4 billion to avoid water crisis, state says


AUSTIN (Texas Tribune) — Texas communities will need to spend $174 billion in the next 50 years to avert a severe water crisis, a new state analysis revealed Thursday. That’s more than double the $80 billion projected four years ago, when the Texas Water Development Board last passed a state water plan.

The three-member board presiding over the agency authorized the highly anticipated draft blueprint Thursday, the first administrative step toward adopting the water development board’s plans for the next 50 years. The plan, released every five years, encompasses the projects that 16 regional water planning groups in Texas said are the most urgent, water development board officials said. 

The board’s latest estimates come as the state’s water supply faces numerous threats. Growing communities across Texas are scrambling to secure water, keep up with construction costs and cope with a yearslong drought. This week, Corpus Christi officials said the city may be just months away from declaring a water emergency. Meanwhile, other rural cities by the Coastal Bend are rapidly drilling wells to avoid a crisis. Residents in North Texas have also been bracing for groundwater shortages.

In an effort to restrain the crisis, lawmakers last year called an election in which voters approved a $20 billion boost for communities to use on water-related expenses. The water development board’s estimate shows that what lawmakers proposed on the ballot falls dramatically short of the needed cash, experts said.

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“What this number tells me at the end of the day is if we don’t get serious about (funding water projects), there are going to be serious consequences for Texas,” said Perry Fowler, executive director of the Texas Water Infrastructure Network. “Even with the billion-dollar-a-year plan kicking in, it’s not going to be enough to offset the costs of the projects that are going to have to be executed.”

The new estimate accounts for 3,000 projects, from regional infrastructure upgrades to smaller endeavors such as drilling new water wells. Texas’ water supplies are expected to drop by roughly 10% between 2030 and 2080, according to the water plan. In that same time frame, the maximum amount of water communities can draw is also expected to decline by 9%.

The 80-page plan notes approximately 6,700 recommended strategies that would add water to the state’s dwindling portfolio. The recommendations — which are not accounted for in the cost — include developing new supplies from aquifer storage and recovery, brackish groundwater, desalination and recycled water. It also calls for water conservation.

The report suggested that if Texas does not implement the plans and recommendations, the state is one severe drought away from an estimated $91 billion in economic damages in 2030.

The state’s plan attributes a variety of reasons for the bigger price tag, such as higher costs of construction due to inflation, impacts of the COVID-19 pandemic on supply chains, and a growing backlog of water supply projects.

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“There’s a plan that can meet our needs,” said Matt Nelson, deputy executive administrator for the Office of Planning at the water development board, adding that they take their cues from the regional planning groups. “These are local projects that folks need to implement; they’re needed regardless of how they’re funded. It’s important to remember these are not top-down projects or state projects.”

Experts told The Texas Tribune that the board’s estimate is only a fraction of what Texas communities will need to ensure they have water in 50 years’ time, saying growth and development are outpacing the state’s ability to keep up.

“This is a bigger water plan in terms of volume strategies and capital costs compared to anything we’ve ever seen before,” said Jeremy Mazur, the director of infrastructure and natural resources policy at think tank Texas 2036.

Mazur suggested that the $174 billion only covers water supply projects and does not account for updating aging infrastructure, adding that the actual price could amount to a quarter of a trillion dollars.

“There’s a substantial magnitude with regard to the capital investment needed to both fix our aging and current systems and potentially develop the water infrastructure, water supply projects that we need.“

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The report largely confirmed what many water experts have warned regarding threats to the state’s water supply, said Sarah Kirkle, director of policy at the Texas Water Association.

“Population growth, extreme weather, and economic development needs are all increasing demands on our infrastructure, and the state is going to need more water, sooner,” Kirkle said. “This is all while water projects are becoming more costly and complex because the easiest and cheapest local projects have already been developed.”

Fowler, with the infrastructure network, said he expects the Texas Legislature to take up the issue next year, when lawmakers meet for the 90th legislative session. He said the state should take a bigger role in ensuring that communities can afford their respective water projects.

“It’s going to have to be a top-down priority, there’s no way around it,” he said. “The challenges are so immense that it’s going to take all hands on deck.”

Texas residents have until the end of May to comment on the proposal. Water development board officials must adopt it by January 2027.

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Alejandra Martinez contributed to this story.

This article originally appeared in The Texas Tribune at www.texastribune.org. The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government and statewide issues.



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