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Council Members Say Dallas Should Sue Texas

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Concept image of a lawsuit. | Image by Ulf Wittrock/Shutterstock

Dallas City Council Members are arguing for the City of Dallas to join a lawsuit against the State of Texas to block an upcoming law that would preempt the ability of local municipal and county governments to enact ordinances in several key policy areas.

As previously reported by The Dallas Express, HB 2127 was signed into law by Gov. Greg Abbott in June. Also known as the Texas Regulatory Consistency Act, the legislation effectively bans City governments from passing stricter rules than state law.

The City of Houston filed a lawsuit against the State. The City of San Antonio joined it. HB 2127 has been dubbed the “Death Star” by its opponents and will take effect on September 1.

Now, two members of the Dallas City Council say the City of Dallas should join the “Death Star” lawsuit, reported The Dallas Morning News.

“I absolutely think we should,” said Council Member Chad West (D1). “It’s a huge overreach when we on the local level are the ones who most understand what our constituents are demanding and what they want. There’s a reason it was called the ‘Death Star’ bill.”

Council Member Adam Bazaldua (D7) agreed with West, saying, “We need the ability to make decisions and impact the everyday lives of the taxpayers at the local level.”

Bazaldua referenced an ordinance in the City of Dallas that mandates construction workers be allowed a 10-minute water break every four hours. He claimed this rule could be threatened by HB 2127.

City officials said more than 100 Dallas policies would be affected in a letter sent to Texas Representative Rafael Anchia (D-Dallas).

Bazaldua said Dallas “should not allow for the taxpayers to fall victim to the partisan politics at higher levels of government.”

The council members told DMN on Thursday that they are unaware of any plans for the City of Dallas to join the lawsuit.

City of Dallas Communications Director Catherine Cuellar said the City has not settled on a game plan.

“We continue to review all our options,” she told DMN.

Council Members Paula Blackmon (D9), Jaime Resendez (D5), Gay Donnell Willis (D13), and Tennell Atkins (D8) said the City Council was last briefed on the subject at the beginning of July after the City of Houston filed its initial lawsuit.

“On the merits, of course I want to preserve home-rule and the rights of cities and the rights for us to conduct business,” said Blackmon, per DMN. “But there’s more to all of this that we need to discuss.”

Proponents of HB 2127 have maintained that it will protect businesses and promote economic growth across Texas.

“Texas is the economic envy of America,” said Gov. Abbott, as previously reported by The Dallas Express. I signed a law to provide a new hope to Texas businesses struggling under burdensome local regulations.”

The bill’s author, Rep. Dustin Burrows (R-Lubbock), said the law brings Texas “one step closer to ensuring businesses aren’t faced with a patchwork of inconsistent and overreaching regulations that conflict with state law.”

“Texas won’t allow ill-conceived & inconsistent decisions to take down the ship that drives our state’s economy!” he said.

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