TRAVIS COUNTY, Texas — The City of Houston and other Texas cities on Wednesday won a battle against the state over a controversial bill that was set to take effect on Friday and would have limited the power of local governments.
Travis County District Judge Maya Guerra ruled House Bill 2127 unconstitutional.
Nicknamed the “Death Star” bill by opponents, the Republican-backed bill restricts cities and counties from enacting ordinances that exceed what’s permitted under state law.
Houston sued over the bill in July, and it was joined by San Antonio, El Paso and several smaller Texas cities.
According to a news release from the City of Houston, the bill was ruled unconstitutional because “it was too vague for cities to enforce it, too lacking in standards to ask a court to enforce it, and too contrary to the Texas Constitution’s grant of 'the full power of self-government' to home rule cities to survive constitutional scrutiny.”
“I am thrilled that Houston, our legal department, and sister cities were able to obtain this victory for Texas cities. HB 2127 was a power grab by the Legislature and an unwarranted and unconstitutional intrusion into local power granted to Houston and other home-rule cities by the Texas Constitution,” Houston Mayor Sylvester Turner said. “HB 2127 was intended to mire large cities like Houston in endless litigation at taxpayer expense as cities and businesses struggle to discern what HB 2127 meant. As a former legislator, I am appalled by this assault on federalism and Texas cities.”
Houston’s lawsuit claimed the Texas Constitution contains a “primacy clause” rather than a “supremacy clause.” The “primacy clause,” Houston argued, only “allows state law to preempt local laws enacted by constitutional home rule cities only when they directly and irreconcilably conflict with such local law, and then only to the extent of that conflict.”
Republicans have characterized the bill as a pro-business measure.
Texas Republicans in the state legislature say regulating those issues is outside the scope of local authority and that there needs to be consistency for small businesses operating across the state.
“This is the most pro-business bill this session, but after a pandemic, and now weathering historic inflation, Texas job creators deserve the certainty that this bill delivers,” Sen. Brandon Creighton, R-Conroe, said on the Senate floor.
Turner acknowledged that a lengthy legal battle is on the horizon.
“While Houston realizes our battle with the State is not over, I will do all I can during my remaining term to ensure that Houstonians govern Houstonians. I hope my successor will do the same,” he said.
This is a developing story. Stay with Spectrum News 1 for updates.
