The November ballot language that would have raised the city’s property tax rate has prompted a lawsuit against City Council from a previous 2024 contender for mayor of Austin. A $6.3 million budget for the next fiscal year, which begins on October 1, was adopted by Council last week. A tax rate election is required in November since the budget includes a tax rate that is five cents higher than the present tax rate. A state election is required for any increase over 3.5 percent above the present tax rate.
After the city’s $5.9 billion current year budget was approved by the council, Jeffery Bowen decided to run for mayor at the last minute. On Monday, he filed an emergency petition for a writ of mandamus before the Texas Third Court of Appeals.
Bowen’s lawyer, Bill Aleshire, said in the lawsuit that the Council-approved ballot language is illegal in the state because it deceives voters. According to Bowen, the ballot language does not make clear that the tax hike will be permanent if voters accept it.
According to the Austin Monitor, Mayor Kirk Watson expressed his confidence that the ballot text is suitable and complies with all legal standards.
In a statement, he added, “We also have faith in the legal system and will respond there.”
Aleshire, a former Travis County Judge and longtime Council opponent, commented in a press statement regarding the complaint, “Yet again, the Austin City Council is trying to trick voters into approving a huge tax increase with slick, unlawfully misleading language.”
The complaint asks for a decision quickly because, should the court mandate it, Council won’t have much time to meet and amend the wording before the ballot mailing deadline. The lawsuit states that the ballots must be printed by mid- to late-September in order to satisfy that deadline.
The city says it will raise an extra $110 million to pay for parks, public safety, and homeless services if voters approve the plan. Additionally, the funds would help the city close a $33 million deficit. Bowen points out that there is no assurance that subsequent City Councils will use the funds for the projects that the current Council has selected. Prior to the ballot language’s acceptance, Bowen sent a letter to the City Council suggesting modifications that would satisfy him. To comply with a new state legislation, one adjustment they did make was to place the phrase “this is a tax increase” at the top of the proposal rather than inside. The proposal is not likely to be near the top of the ballot because it is anticipated to be named City of Austin Proposition Q.
Community donations enable the work of the Austin Monitors. Even though we occasionally publish on funders, we take pains to ensure transparency by keeping editorial and business activities apart. Our code of ethics is described here, and a full list of donors may be seen here.
You’re a community leader
And we are thrilled that you trust us with important, in-depth news. You are aware that local and committed watchdog reporting is essential to a healthy community. We will always be here to support you. Will you now support our nonprofit news organization and take the bold next step?
