Despite a lower court’s ruling, House Bill 2127 – formerly known as the Texas Regulatory Consistency Act or the “Death Star” – bill went into effect on Friday following an appeal by the Texas Attorney General’s Office.
The state’s move overturned a Travis County district judge’s ruling earlier this week who deemed the law “unconstitutional,” allowing it to stand.
The law aims to limit local authority by requiring that county and city ordinances are no more restrictive than state codes – it will likely affect local control over noise pollution, labor, business and other government areas.
Those who opposed the law going into effect said its broad language creates the potential for counties and cities to face lawsuits against current ordinances that individuals may claim go against state regulation.
Cities and counties will likely begin to assess which ordinances enforced do not align with state code. They can either reevaluate or maintain these if they claim the new law does not apply.
Due to the perceived lack of clarity of the law, the next legislative session in 2025 may include proposed legislation that aims to correct its effects on cities and counties.
The Office of the Texas Attorney General’s statement on Friday’s appeal and HB2127 going into effect:
HB 2127, a Texas law passed this year to empower citizens to challenge local ordinances pre-empted by state law, goes into effect today, September 1.
In a case brought by the city of Houston challenging the statute, a district judge declared HB 2127 unconstitutional. However, the declaratory judgment did not enjoin enforcement of the law by Texans who were not parties to Houston’s suit and who are harmed by local ordinances, which HB 2127 preempts.
The Office of the Attorney General immediately appealed on behalf of the named defendants, automatically staying the effect of the court’s declaration pending appeal. Under Texas Rule of Appellate Procedure 24.2(a)(3) and 25.1(h)(2) as well as Texas Civil Practice and Remedies Code 6.001, any time a state entity or official appeals a declaratory judgment, this automatically supersedes the order or judgment. When an order or judgment is superseded, its enforcement is stayed until the appellate court rules.
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This article appears in Jan 1 – Dec 31, 2023.
