A Texas law opposed by Dallas officials could ease regulations and fees on valet parking businesses, according to a local CEO.
HB 2127, known as the Texas Regulatory Consistency Act, preempts ordinances from municipalities that go against state and federal regulations. The law is currently in legal limbo, facing challenges from cities in the state arguing it violates their local authority.
Allen Barsamian is the CEO of Prestige Valet Parking, which primarily operates in Dallas and Houston. He said the lengthy list of licensing fees the valet parking industry is charged in Dallas is a burden on his company. Such fees include 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.
“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.”
An analysis published by The Dallas Express found that HB 2127 could impact the valet parking industry by potentially nullifying many, if not all, of the licensing fees imposed on operators.
“If they deregulate some of the charges, I think it would help,” Barsamian told The Dallas Express. “I think the City is trying to make some extra cash and they’re coming after us. It’s a hurdle. It takes time, and you need to know the right process.”
“If anything, we’re parking cars more safely than people themselves, circling around trying to figure out what to do,” he added.
Travis County Judge Maya Guerra Gamble overturned HB 2127 two days before it was set to be enacted on September 1. She said the policy was a “power grab” by state leaders against municipalities. Interim Dallas City Attorney Tammy Palomino supported the ruling.
“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 previously 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, Gamble’s ruling did not kill the law.
“While the judge declared HB 2127 unconstitutional, she did not enjoin enforcement of the law by Texans who are harmed by local ordinances, which HB 2127 preempts. The Office of the Attorney General has also immediately appealed because the ruling is incorrect. This will stay the effect of the court’s declaration pending appeal. As a result, HB 2127 will go into effect on September 1,” said the Office of the Attorney General of Texas, according to News4SA.
Additionally, leaders in several industries have expressed support for HB 2127, which they claim ensures a level playing field for businesses and ensures the most qualified regulators at the state and federal levels have proper authority.
“When you get down to the local level, the science component goes away, and it becomes more of a political issue,” said Daniel Baldwin, the vice president of technical services for Hawx Pest Control, as reported by The Dallas Express. “This is an appropriately highly regulated industry and nobody has any qualms with that at all. But any time you introduce inconsistencies, it becomes a challenge, and the science suffers. And when the science suffers, the customer suffers.”
Baldwin’s sentiment was echoed by Andrew Bray, senior vice president of government relations and membership for the National Association of Landscape Professionals.
“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,” said Bray in a previous statement to The Dallas Express.