City of San Marcos Proposes Renter’s Right to Organize Ordinance

On August 5, the San Marcos City Council discussed a proposed ordinance introduced by Council Member Amanda Rodriguez and supported by the San Marcos Civics Club.

At the meeting, members of the San Marcos Civics Club spoke in favor, joined by local attorneys, community members with tenant advocacy backgrounds, and a representative from the Tenants Advocacy Group (TAG). Most other speakers were either homeowners or affiliated with tenant organizing groups rather than current renters.

Council Member Rodriguez presented the City of Austin’s Renter’s Right to Organize Ordinance as a starting point for discussion, noting it has been deemed legal and enforceable, while also stating she was open to changes. No other ordinance language has been released from the City of San Marcos aside from the Austin ordinance.

Key Points from Council Discussion:

• Rodriguez supported broadening the definition of “landlord” to include property managers and leasing agents.

• Mayor Hughson raised questions about how tenant organizing representatives would be defined and expressed concern about flyers being left as litter.

• Council Member Lorenzo Gonzales suggested forming a council committee to refine the ordinance language and noted concerns about enforcement if citations required police involvement.

• Both Mayor Hughson and Gonzales opposed adopting Austin’s ordinance as a direct template.

• Rodriguez and Garza supported sending the ordinance to a work session, scheduled for September 16.

Former Council Member Maxfield Baker, founder of the San Marcos Civics Club, stated that landlords’ absence from the meeting suggested little concern about the ordinance. When asked, Baker confirmed the group had not reached out to the Austin Apartment Association and had primarily engaged with a few local real estate groups and tenants.

Austin’s Renter’s Right to Organize Ordinance

The City of Austin’s Renter’s Right to Organize ordinance was adopted in 2022 after more than six months of stakeholder engagement and multiple drafts.

The ordinance outlines definitions, rights, and enforcement for tenant organizing:

• Defines landlord as the property owner, lessee, or sublessee, but does not include property managers or agents.

• Defines tenant organizers as individuals working or volunteering for nonprofits that assist tenant groups.

• Sets clear parameters for allowable tenant organizing activities, such as distributing materials, posting flyers on tenant bulletin boards, door-to-door surveys, meetings, and inviting nonprofit organizers to assist.

• Provides definitions of “tenant,” “premises,” and “on-site area,” and clarifies what constitutes landlord interference, and what is NOT landlord interference. 

Since adoption, seven complaints have been filed (all in 2025). None resulted in violations or enforcement actions.

By contrast, the Texas Property Code references tenant organizing only within its landlord retaliation provisions, which prohibit retaliation through eviction, rent or fee increases, or restricting amenities.

Next Steps in San Marcos

The San Marcos City Council is expected to vote on the ordinance at its September 16 meeting at San Marcos City Hall. The meeting will also be live-streamed here.

Individuals wishing to provide testimony may do so in person or via Zoom.

If you wish to testify, please get in touch with Hannah Garcia, Government and Community Affairs Director, who can assist with crafting testimony and signing up to speak.