A Texas law opposed by Dallas officials creates an even playing field for businesses and protects them from burdensome local regulations, at least according to an expert in the pest control industry.
HB 2127, titled the Texas Regulatory Consistency Act, preempts ordinances adopted by municipalities that counter state and federal regulations. The law currently faces legal challenges from cities around the state that are arguing the measure undercuts their local authority.
Daniel A. Baldwin is the vice president of technical services for Hawx Pest Control, which operates in 19 states and has several locations in Texas, including in the DFW area. Baldwin told The Dallas Express that preemption is a common sense policy that creates a consistent regulatory environment at the state level.
“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,” Baldwin said. “I think preemption helps everybody. It keeps us on the same playing field.”
Baldwin is active in the National Pest Management Association, which he said has advocated for preemption laws in recent years as municipalities have become more ambitious in their regulatory efforts. Such efforts, he claimed, often go against the scientific consensus behind pest control regulations established by the federal government and individual states.
“When you get down to the local level, the science component goes away, and it becomes more of a political issue,” he told 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.”
Travis County Judge Maya Guerra Gamble struck down HB 2127 two days before its scheduled enactment on September 1. She described the policy as a “power grab” by state leaders against local regulators. Interim Dallas City Attorney Tammy Palomino issued a statement in favor of 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 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 law still went into effect on September 1.
“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, per News4SA.
The City of Dallas declined to comment on the impact of HB 2127 on the pest control industry.
Business leaders in the agriculture industry expressed similar support for HB 2127.
Chris Lee, the president and CEO of a Texas-based company called Earthworks Inc., said he “strongly supports” the law because it ensures regulations are drafted and enforced by real experts in the industry.
“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 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.”
Andrew Bray, senior vice president of government relations and membership for the National Association of Landscape Professionals, claimed municipalities often make irrational regulatory decisions because they lack the resources and expertise.
“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 previously told The Dallas Express.
