Judge Strikes Down Texas Law Limiting Local Ordinances: Victory for Cities’ Home Rule
In a significant win for cities and counties in Texas, a judge in Austin has struck down a state law that would have imposed wide-ranging restrictions on their ability to pass local ordinances. The ruling came just two days before the law was scheduled to take effect.
Houston, the largest city in Texas, filed a lawsuit challenging House Bill 2127, colloquially known as the Death Star Law. This legislation, passed by the Texas Legislature in May, prohibited cities and counties from enacting ordinances in eight broad areas, including labor, occupational codes, and the environment, without prior approval from the state Legislature.
Houston City Attorney Arturo Michel argued that this law violated the Texas constitutional Home Rule provision, which grants local governments the authority to govern within their jurisdictions. Judge Guerra Gamble agreed with Houston’s position and granted summary judgment in favor of the city.
Under the now-invalidated law, trade groups and other independent actors would have had the ability to sue local governments to overturn existing ordinances. Michel expressed concern that many smaller cities would be unable to afford the legal battles that would ensue and would be forced to abandon their ordinances.
The Texas Attorney General’s Office is expected to appeal the judge’s ruling, setting the stage for potential further legal battles.
The fight over House Bill 2127 gained national attention due to its potential impact on ordinances passed by cities like Dallas and Austin. For example, these cities had implemented regulations requiring employers to provide outdoor workers with mandatory water breaks to protect them from extreme heat. Labor organizations feared that without such protections, workers could face severe risks to their health and safety.
Houston Mayor Sylvester Turner expressed gratitude towards City Attorney Arturo Michel and the legal team, specifically mentioning Collyn Peddie, who presented the oral argument on behalf of the City of Houston. Mayor Turner also thanked more than a dozen other cities from across the state that joined Houston in supporting the lawsuit.
The mayor hailed the judge’s ruling as a tremendous victory for the people of Houston. He emphasized that it allows local leaders to represent and serve the residents of Houston more effectively.
The outcome of this legal battle not only safeguards the authority of local governments but also presents an opportunity to protect vulnerable workers and address pressing issues within specific communities. As the Texas Attorney General’s Office prepares to appeal the ruling, the future of House Bill 2127 hangs in the balance, with potentially profound consequences for the relationship between state and local governments in Texas.
