At its Oct. 8 meeting, the San Marcos City Council approved the first of two readings for a new article of the San Marcos City Code to codify a tenant’s right to organize and establish penalties for violations of the new article.
The San Marcos City Council heard public comments and deliberated on amendments to City Ordinance 2025-43 that will create changes in liability of landlords and property managers for violating city code. The amendment would strike property manager’s from Article 4, Chapter 46, removing property manager’s liability from violating city ordinances. The council denied the amendment and will discuss the changes in a second reading.
Hannah Garcia, government and community affairs director for the Austin Apartments Association, voiced concerns over the addition of property managers as liable for violating city ordinances, as well as a duplication of protections for tenants by state and city law.
“Tonight we are highlighting a significant concern that remains regarding the inclusion of property managers as a liable party,” Garcia said. “Ultimately, a tenant’s right to organize is already properly governed by the Texas property code.”
Maxfield Baker, San Marcos resident and former city council member, said that he disagrees with the Austin Apartment Association that a tenant’s right to organize is already protected under state law.
“I would disagree with the comment that this is already established in state law… this provides many more protections than state law currently does,” Baker said. “We understand that there might be concerns around liability, but the reality is we have tenants that because of property managers serving as this unliable middleman in this system, issues are not getting taken care of.”
Council member Lorenzo Gonzalez, seconded by council member Matthew Mendoza, proposed to strike the inclusion of property managers from being listed as a liable party for violating the article. The council deliberated over legal issues when serving citations under the new ordinance due to landlords directing property managers to violate the city code while avoiding liability.
Mendoza said that the management at an unnamed complex in San Marcos had directed their employees to not speak to city officials regarding issues around code enforcement.
“Those employees whether it was a manager or an assistant that was working there, were put under, and this is what shocked me, were put under strict instructions by the property manager and the owners themselves not to communicate with certain levels of the city,” Mendoza said. “The only reason why is because I would hate for somebody who is trying to work in this situation being held accountable to the same level as a property owner who is purposely doing this.”
The proposal to strike property managers from the article was voted down. More information regarding the new article protecting the tenant’s right to organize will be discussed at the next City Council meeting on Oct. 21.
The council also discussed appointments to fill positions for the Ethics Review Commission and Main Street Board. Only one application was received from San Marcos resident Mark Murphy for the Ethics Review Commission. The Ethics Review Commission seat appointment was postponed due to a lack of other applicants.
Isabel Thornton, San Marcos resident, was appointed to a seat on the Main Street Board which provides guidance on the Main Street Project.
The San Marcos City Council meets at 6 p.m. every first and third Tuesday of each month. For more information, visit its website.