The City of Houston has filed a lawsuit over House Bill 2127, better known as the 'Death Star' bill. The law, which is set to take effect on Sept. 1, will strip power from Texas cities and counties.
PUBLISHED 7:41 AM CDT Jul. 04, 2023HOUSTON — Houston officials on Monday announced a lawsuit against the state of Texas over House Bill 2127, better known as the “Death Star” bill.
The bill, which was signed into law in June and is set to take effect Sept. 1, limits Texas city and county ordinances The lawsuit claims the Texas Constitution only permits "state law to preempt local laws enacted by constitutional home rule cities only when they directly and irreconcilably conflict with such local law"
For instance, some Austin City Council members passed labor protections such as giving construction workers time to rest because they believe local leaders have the best understanding of their community’s needs, not state lawmakers. 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.
Houston’s lawsuit claims the Texas Constitution contains a “primacy clause” rather than a “supremacy clause.” The “primacy clause,” Houston argues, 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.”
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