A lawsuit has been filed by the Texas Public Policy Foundation (TPPF) on behalf of several Dallas taxpayers, claiming that over 130 city ordinances are incompatible with a newly upheld state law known as the ‘Death Star Bill.’
This legal action follows a Texas appeals court ruling that upheld the controversial bill, which prohibits municipalities from enacting laws that conflict with certain state codes.
Filed on Wednesday, the lawsuit represents the claims of Dallas residents Haley Kyles, Daniel Rodriguez, and Tamara Brown, who assert that they have been adversely affected by the unlawful enforcement of 133 city ordinances.
The suit argues that taxpayer money is being misused in the enforcement of these regulations, many of which were acknowledged by the City of Dallas as being preempted by the state law during discussions before the bill was passed in 2023.
The ‘Death Star Bill,’ officially known as House Bill 2127, aims to eliminate local governance over specific regulatory issues, arguing that such powers should reside with the state.
The list of ordinances identified in the lawsuit includes regulations concerning compensation for fire department personnel, franchise service requirements, amusement center licensing, and convenience store safety measures.
Section 5 of chapter XIII of the Dallas City Charter, which assures additional compensation for continuous service to firefighters and fire department personnel, is highlighted as one of the ordinances in question.
Another example includes chapter XIV, section 5, which mandates equal service to all public service franchise holders in Dallas.
The Texas Public Policy Foundation contends that the enforcement of these ordinances wastes taxpayer dollars, ultimately contributing to rising property taxes in the city.
TPPF senior attorney Matthew Chiarizio remarked, “All Texans deserve the freedom to live and work without being micromanaged by their city government.
The Texas Regulatory Consistency Act was passed to stop this kind of local overreach—and TPPF stands ready to defend Texans’ liberty when cities like Dallas refuse to follow the law.”
Fellow attorney Nathan Seltzer added, “Wasteful and illegal spending like what is in these ordinances flushes millions of dollars of Dallas taxpayers’ money down the drain, leading to higher property taxes.
Dallas taxpayers are simply demanding accountability from their government.”
The ‘Death Star Bill’ was designed to create uniformity across Texas by centralizing certain regulatory powers at the state level.
Though proponents argue for consistency, critics fear it undermines local governments’ ability to address unique community concerns effectively.
In a related legal matter, a joint lawsuit filed by the cities of El Paso, Houston, and San Antonio challenging the constitutionality of the ‘Death Star Bill’ was dismissed by a Texas appeals court shortly before this ruling.
The initial noble challenge in Travis County had deemed the bill unconstitutional but did not include injunctions to halt its enforcement.
The Texas Third District Court of Appeals concluded that the cities lacked standing to sue, asserting that the state was not a proper defendant in the case.
With the recent ruling, the lawsuit against Dallas seeks not only the repeal or amendment of the contested ordinances but also looks to recover legal costs and attorney fees.
The dissatisfaction expressed by the plaintiffs underscores a growing tension between state legislative authority and local governance.
As Dallas navigates this legal landscape, the city has the responsibility to evaluate its regulatory framework against the backdrop of the ‘Death Star Bill.’
If the city fails to address the lawsuit’s demands, the plaintiffs may pursue further legal actions, aiming for declaratory relief and amendments to ordinances that are no longer valid under state law.
The outcome of this case could have broader implications for city governance across Texas, influencing how municipalities draft and enforce local laws in the future.
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