A Texas law that sits in legal limbo would protect businesses from overburdening regulations, according to several local business leaders who spoke with The Dallas Express.

House Bill 2127, titled the Texas Regulatory Consistency Act and often referred to as the “Death Star Bill,” would preempt rules from municipalities that counter state and federal regulations. As reported by The Dallas Express, the law was ruled unconstitutional one day prior to its September 1 enactment date by Travis County Judge Maya Guerra Gamble, who described it as a “power grab” by the Texas Legislature. The State of Texas has appealed the decision.

Business leaders from a variety of industries have expressed support for HB 2127 to The Dallas Express. Their main concern is that differing regulations from municipalities create an uneven playing field, make it difficult to conduct business across the state on a daily basis, and put power in the hands of unqualified government officials.

“While cities can look like they’re trying to make things easier, it’s all a matter of making things consistent — it becomes really challenging when one community has this rule, and another has a different one,” Daniel Baldwin, vice president of technical services for Hawx Pest Control, told The Dallas Express.

“When you get down to the local level, the science component goes away, and it becomes more of a political issue,” Baldwin, whose business operates in 19 states including Texas, continued. “I think preemption helps everybody. It keeps us on the same playing field.”

CLICK HERE TO GET THE DALLAS EXPRESS APP

Interim Dallas City Attorney Tammy Palomino has made clear that the City opposes HB 2127 and supports the legal challenge against it.

“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.”

But Allen Barsamian, CEO of Prestige Valet Parking, shared other woes as a businessman that the law could alleviate. For one, Dallas charges excessive fees for parking companies, he said. This includes an $800 license application fee, a $250 fee per space for the first six spaces, and a $1,000 fee for every space over six. He said he hopes preemption can cut back on cities’ ability to burden companies like his.

“If they would remove the licenses that would be great,” Barsamian told The Dallas Express. “I wish sometimes they would get rid of it altogether. It doesn’t matter. They should stay out of our business, to be honest. It sure is a fuss. It makes no sense.”

Another impacted industry in the DFW area is agriculture. ​​Chris Lee, president and CEO of Earthworks Inc., said he “strongly supports” HB 2127 because it ensures regulations on agriculture are controlled by experts at the federal and state levels through the Environmental Protection Agency and the Texas Department of Agriculture. Local politicians, he said, do not have the proper experience to regulate these issues.

“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,” Lee 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.”

Andrew Bray, senior vice president of government relations and membership for the National Association of Landscape Professionals, seconded Lee’s notions. He said national agriculture leaders view preemption laws as beneficial to everyone.

“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.”

“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 continued.