City Council legal briefing on Sanctuary City for the Unborn proposal identifies “major conflicts” with Texas law

Updated: Oct. 14, 2020 at 4:31 PM CDT
Email This Link
Share on Pinterest
Share on LinkedIn

LUBBOCK, Texas (KCBD) - The City Council says they have received the briefing from legal counsel on the Sanctuary City of the Unborn ordinance proposed in September.

The City says legal experts with the firm of Olson & Olson, LLP identified “four major conflicts” with the ordinance as proposed:

  • The Proposed Ordinance, if enacted, would be void because it is contrary to Texas Law.
  • The Texas Constitution prohibits a city from passing an ordinance 'inconsistent with the laws of the State." Tex. Const. art. XI, § 5. Ordinances that conflict with State laws are void.
  • The Proposed Ordinance conflicts with State law because it creates offenses for some actions that are permitted or licensed by the State. This is prohibited by the Texas Constitution.
  • The Proposed Ordinance conflicts with State law because the State regulates abortions, including who may perform them, where they may be performed, and when they may be performed, and the Proposed Ordinance imposes additional regulations inconsistent with those State regulations.

The City says at this time, no member of the Lubbock City Council has made a request for this Ordinance to be placed on an agenda.

At the same time this briefing was revealed, the City says an initiating committee has been formed to bring the proposed Sanctuary City for the Unborn ordinance for either approval by the City Council, or after it is brought to the voters on the next Uniform Election Day.

The committee submitted this petition on Tuesday, and the City says the Office of the City Secretary will perform the required verification of the included signatures.

The Lubbock City Charter requires that the Committee submit a petition signed by not less than twenty five (25) percent of the qualified voters with the City of Lubbock, as determined by the number voting at the last regular municipal election.

Copyright 2020 KCBD. All rights reserved.