Understanding Proposition A
Proposition A wording on the ballot:
Shall the ordinance repealing Chapter 133, “Marijuana Enforcement,” of the Code of Ordinances of the City of Harker Heights be approved?
Yes _______
No _______
What a “yes” or “no” vote means:
A vote of “yes” affirms the repeal of Chapter 133 “Marijuana Enforcement”.
A vote of “no” is a vote in support of repealing the City’s Council’s repeal of 133 “Marijuana Enforcement”.
Repeal of the Council’s Repeal of Chapter 133 “Marijuana Enforcement” Does not Revive the Ordinance
HARKER HEIGHTS, TX – In 1996, the Harker Heights’ City Council adopted Section 10.16 (C) of the Code of Ordinances that reads as follows:
- 10.16 REPEAL OR MODIFICATION OF ORDINANCE.(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
The May 6, 2023, City election contains Proposition A created by the submission of a Referendum Petition that is on the ballot as follows:
Shall the ordinance repealing Chapter 133, “Marijuana Enforcement,” of the Code of Ordinances of the City of Harker Heights be approved? Yes _______ No _______
What a “yes” or “no” vote means:
A vote of “yes” affirms the repeal of Chapter 133 “Marijuana Enforcement”.
A vote of “no” is a vote in support of repealing the repeal of Chapter 133 “Marijuana Enforcement”.
The referendum can do nothing more than repeal the Council’s repeal of Chapter 133 “Marijuana Enforcement”. Therefore, even if the repeal is repealed, per Section 10.16(C) of the Code of Ordinances, Chapter 133 “Marijuana Enforcement” is not revived. The City of Harker Heights will continue to follow the Constitution and all State laws.