In a significant legal development, the Texas Third Court of Appeals overturned a lower court’s decision that had declared a state law unconstitutional, primarily affecting the policymaking powers of urban areas.
This law, known as House Bill 2127, was passed by Texas lawmakers in 2023 and has been dubbed the “Death Star” by its opponents due to its implications for local governance.
The legislation aims to limit cities and counties from enacting local ordinances that conflict with state laws, targeting progressive policies established in metropolitan areas, particularly those in Dallas and Austin that mandate worker protections such as water breaks for construction employees.
Republican leaders in Texas, led by Governor Greg Abbott, have sought this law as a means to undercut the influence of urban areas that tend to lean Democratic.
Following the passage of the bill, major cities like Houston, San Antonio, and El Paso took legal action against the state, asserting that the law undermines the ability of local officials to pass essential ordinances on various issues ranging from noise regulations to public health measures like mask mandates.
The city officials expressed deep concern that this law would effectively limit their autonomy, compelling local leaders to propose fewer policy initiatives.
The former mayor of Houston, Sylvester Turner, highlighted the significant impact of this legal shift: “What this means is that cities like the city of Houston cannot pass ordinances in these areas unless the state of Texas explicitly gives us permission to do so. That is a total reversal from the way things have been in this state for more than a century.”
In August 2023, a Travis County judge ruled that HB 2127 was unconstitutional. However, the recent ruling from the appeals court sided with the state, citing the cities’ failure to demonstrate specific and concrete ways in which the bill would harm them.
The court found that the cities also did not present a compelling case connecting the state law to their concerns.
According to the San Antonio city attorney’s office, the court dismissed the case on the basis that the cities lacked standing to challenge the law at that time, as there had been no direct actions taken against their ordinances under this statute.
Supporters of HB 2127, including Texas Republicans and business advocates, argue that the law will simplify a complex web of local regulations that, according to them, hinder business operations and economic growth in the state.
Governor Abbott emphasized that the legislation would prevent cities from excessively micromanaging businesses and would contribute to reducing operational costs for local enterprises.
He stated, “We are going to have one regulatory regime across the entire state on massive subject areas that will make the cost of business even lower, the ease of business even better.”
Earlier this year, an attempt to strengthen the law through Senate Bill 2858, which would have allowed the Texas attorney general to pursue legal action against cities and counties for ordinances that exceeded state laws, was ultimately unsuccessful.
In light of the appeals court ruling, the San Antonio city attorney’s office noted that they are reviewing potential legal options and are collaborating with Houston and El Paso to strategize next steps.
“While this decision dismissed the current case, it doesn’t prevent us from raising these constitutional issues again in the future if a specific challenge arises under HB 2127,” the office stated.
This ongoing battle over local governance in Texas highlights the contentious political landscape in the state, with urban areas pushing back against legislative efforts perceived to curtail their authority.
image source from：houstonpublicmedia
