Beyond the Law in the ETJ
The city then turned to the 3rd Court of Appeals, based in Austin, which dismissed the city's case for reasons that likely had staffers kicking around the chairs in the city attorney's office the day the opinion was handed down. The 3rd Court noted that the city's appeal had been signed by an assistant city attorney -- when, under Texas law, only Travis Co. attorney David Escamilla is authorized to file such an appeal.
While the various appeals were being made, state Rep. Todd Baxter, R-Austin, had filed legislation that would prohibit a city from prosecuting residents in its ETJ for violating local ordinances, arguing that those residents have no voice in deciding how municipal judges are appointed. (In Austin, they're appointed by the City Council, and ETJ residents, of course, can't vote in city elections.) The Baxter legislation bit the dust, however, when the Killer D's hit the trail for Ardmore back in May.