Austinites petition to secede from Texas - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Austinites petition to secede from Texas

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First seceding from the union, now there's a petition to remove Austin from Texas.

The petition for Austin to secede from Texas already has more than 6,000 signatures in less than 48 hours. In a letter to President Obama, a person by the name Caleb M., is requesting that if Texas were to ever secede from the union, then Austin should be allowed to withdraw from Texas and create its own state.

The move comes after a petition was recently sent to the Obama administration requesting that Texas secede from the union already has more than 100,000 signatures.

So how likely would it be that if Texas seceded that Austin could secede?

"I think they would better spend their time if they tried to implement the authority that Texas does have to divide itself into four different states," said David Brooks, a local attorney, who is writing a book on the Texas Constitution.

Land Commissioner Jerry Patterson tells FOX 7, both will likely never happen. However, he does point the same loophole as Brooks that could give Austin the pathway to statehood.

Both say based on the Texas Constitution, Austin would not be allowed to withdraw from the union. However, if Texas were to exercise a bilateral agreement made in 1845 with the U.S. Congress, the state legislature could declare Austin an independent state.

"I don't think it's very likely. I would like to see the standing army that the state of Austin would create," said Patterson.

The petition must gain 25,000 signatures by December 12, 2012 for it to receive a presidential response.

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