The Texas Senate has passed a bill that would preempt the ability of local municipal and county governments to enact ordinances in several key policy areas, providing for a more consistent regulatory structure across the state.
House Bill 2127, authored by Rep. Dustin Burrows (R-Lubbock) and sponsored by Sen. Brandon Creighton (R-Conroe), passed the House 92-55 on April 19 with the support of several Democrats, including Reps. Terry Canales (D-Edinburg), Bobby Guerra (D-Mission), Oscar Longoria (D-Mission), Eddie Morales (D-Eagle Pass), Sergio Muñoz, Jr. (D-Palmview), and Richard Raymond (D-Laredo).
Received by the Senate, the bill was referred to the Business and Commerce Committee, which reported it favorably to the body without amendments in a 6-2 vote on May 5.
The bill reads, “Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.”
“An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code,” it continues.
The regulation fields preempted by HB 2127 are the Agriculture Code, Business and Commerce Code, Finance Code, Insurance Code, Labor Code, Local Government Code, Natural Resources Code, Occupations Code, and Property Code.
If the bill is signed by Gov. Greg Abbott following the House’s final review, county and city governments will not be able to pass ordinances pertaining to those topics.
As amended and passed by the Senate, HB 2127 would empower “[a]ny person who has sustained an injury in fact, actual or threatened, from a municipal or county ordinance, order, or rule adopted or enforced by a municipality or county in violation of any of the following provisions … [to] bring an action against the municipality or county.”
The Senate approved three amendments to HB 2127: two by Sen. Creighton, which would limit liability to governmental bodies and add a “looser pay” clause, and one by Sen. Brian Birdwell (R-Granbury), which would prohibit local governments from instituting eviction moratoria.
Ultimately, HB 2127 passed the Senate 18-13, with Sen. Robert Nichols (R-Jacksonville), who was formerly a mayor, siding with Democrats in opposition to the bill.
After the vote, Sen. Sarah Eckhardt (D-Austin) denounced the bill, saying, “Under the false guise of consistency, HB 2127 really seeks to infringe upon local governance.”
“Yet again and again, it seems like Texas conservatives would rather be the party of big government in which the state — and the state alone — dictate[s] what is good local policy and not the individual Texans living in these cities and counties,” Eckhardt continued.”
“Local elected officials are the closest to community issues and therefore are often best situated to represent those local interests,” she added. “Texas is large and diverse, and the regulatory policies of one community or region are not necessarily appropriate for another.”
The Texas Association of Business celebrated the passage, tweeting, “It is a good day for business in Texas! Thank you Senators for passing HB 2127, the Texas Regulatory Consistency Act.”
Similarly, the Texas director of the National Federation of Independent Business, Annie Spilman, said, “For more than five years, as cities stepped outside their jurisdiction, the pandemic pumped the brakes on our economy, and uncertainty plagued the business environment, our small business owners have done their best to keep their doors open, take care of their employees, and serve their customers.”
“Today, the Senate has joined the House in standing up for Texas job creators,” Spilman continued. “The Texas Regulatory Consistency Act will give small business owners relief from the current patchwork of regulations across our state and make it easier for them to do what they do best.”
On the other hand, some denounced HB 2127 as an infringement on the freedoms of local governments to enact regulations and ordinances according to the will of their constituents.
Dallas City Council Member Cara Mendelsohn called the proposal “an over-reaching preemption bill” that “ignores the will of local residents.”
“Clearly, they don’t understand how cities work,” Mendelsohn claimed. “Not enough people run for state office that have municipal or county experience.”
El Paso County Commissioner David Stout said, “The state of Texas making autocratic moves IS NOT a good thing. … You all should be just as afraid as I that democracy and the will of the voters is under attack in this state, not singing victory.”
After a final approval from the House the bill will soon make its way to Gov. Abbott, who will likely sign it into law.
When HB 2127 passed the House, Abbott tweeted, “This law will KEEP Texas #1 for business & create more jobs,” noting that “reducing regulations makes it easier for small businesses to succeed.”
The Dallas Express reached out to the City of Dallas for comment on the bill but did not receive a response prior to publication.
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