A Texas law opposed by Dallas officials protects local businesses from overreaching regulations, according to a national leader in the landscape industry.
House Bill 2127, titled the Texas Regulatory Consistency Act, aims to provide regulatory relief by preempting rules from municipalities that counter state and federal regulations and thereby unlevel the playing field for local businesses. The law is in legal limbo as cities around the state have challenged its ability to undercut their local authority.
Andrew Bray, senior vice president of government relations and membership for the National Association of Landscape Professionals, said the bill ensures businesses are able to follow the proper authority of federal and state regulators, who are better equipped to enforce rules on his industry.
“We’re not trying to take control away from local governments, but there are certain roles and control that should not be given to local authorities,” Bray told The Dallas Express.
When different cities enact a variety of rules on the agriculture industry, he said, it becomes a challenge to do business under the law even when traveling a few blocks away for another client in a different zip code. Preemption, he claimed, promotes consistency that eases operations for local businesses.
“It’s a smart way for policies to be enacted at a federal or state level with appropriate regulations from appropriate government leaders,” Bray told The Dallas Express. “In the end, it benefits consumers. When you’re talking about regulations that could have a significant impact on local industries, I think that preemption assists businesses and helps the state grow and ensures regulations impact the entire state.”
Travis County Judge Maya Guerra Gamble ruled HB 2127 unconstitutional two days before its enactment, describing the law as a “power grab” by state leaders. Interim Dallas City Attorney Tammy Palomino praised the ruling, which she said protects local authorities.
“I agree with the court’s ruling granting the City of Houston’s motion for summary judgment and declaring the Texas Regulatory Consistency Act unconstitutional in its entirety,” Palomino told The Dallas Express. “My office supported Houston’s efforts in the lawsuit and filed an amicus letter in support of Houston’s motion. Because the court found that the Act is unconstitutional, the ruling applies to all home-rule cities, including Dallas.”
However, the court did not issue an injunction against or enjoin enforcement of the law, as The Dallas Express reported.
Bray said Dallas authorities proved last year the dangers of local rules without proper authority and research when they proposed to prohibit the use of gas-powered lawn equipment within city limits.
“This is what you have to deal with from local governments: emotions, fear — they rule the day. We want to follow the state and federal guidelines because that’s where the science and facts are analyzed,” Bray told The Dallas Express.
The gas-powered equipment ban was proposed on the grounds it would benefit the environment, as reported in The Dallas Express. The plan was scrapped this year after the enactment of Senate Bill 1017, which prohibits cities from adopting rules that restrict the use, sale, or lease of an engine based on its fuel source.
Bray said local regulators ought to try strict regulations like the gas equipment ban on government employees before imposing them on local businesses.
“If they have this burning desire to ensure electric equipment is used, why don’t they start with their own properties and people? Then once they realize the impact, they can try to expand it,” he suggested.
The Texas preemption law in question was also praised by a local agriculture business owner, who said local regulators do not have the expertise to overrule or expand on regulations at the state and federal levels.
“Usually, if they do want to act on something, it’s anecdotal. It’s not based on the full research we have at the federal and state level,” Chris Lee, the president and CEO of Earthworks Inc., previously told The Dallas Express. “Municipalities do not have that level of expertise, counties do not have that level of expertise. They don’t have those scientists on staff.”
