After Texas' Third Court of Appeals dismissed a lawsuit against the city of Austin challenging the ballot language for its upcoming tax rate election, the lawsuit is headed to the Texas Supreme Court.
Former Austin mayoral candidate Jeff Bowen filed the lawsuit last month alleging the language intentionally misleads voters about the “permanence of the tax increase and does not describe specifically how the city council will use the more than $110 million in additional funds from the tax increase, if approved by voters.”
The city has said previously it will use the additional money to reduce homelessness, improve parks and address public safety needs, and help close a $33 million deficit.
But Bill Aleshire, Bowen's attorney, said state law prohibits language that is not "definite and certain," and that the ballot language doesn't specify how much money the council is committing to each category or project. He argued that this means the city could use the money it raises for any program or service, and that it is misleading to voters. The case filed Sunday with the Texas Supreme Court centers around the same argument.
“The truth is that the Council’s ballot language imposes no obligation on this council or future councils as to how they decide to spend this multi-year, ongoing tax increase,” Aleshire said in an email. “It becomes a new slush fund for use by the council in any darn way they want. I say to Mayor [Kirk] Watson, if you really trust the voters, then tell them the truth on the ballot.”
The city approved a tax rate of 57.4 cents per $100 of taxable value, which is 5 cents above what is allowed by state law, unless approved by voters. The city plans to ask voters to approve an increase to the property tax rate in November.
