Court Ruling Overturns Texas’ ‘Death Star’ State Preemption Bill

A decision by State District Judge Maya Guerra Gamble overturns House Bill 2127, the so-called “Death Star Bill” to limit local control and greatly expand the power of state preemption, just days before the law was set to take effect.

“The Republican-backed law aims to stop local governments from enacting a wide range of progressive-leaning policies by barring cities and counties from passing local ordinances that go further than what’s allowed under broad areas of state law,” reports Joshua Fechter for the Texas Tribune.

While the law is still expected to go into effect, the ruling empowers local governments to challenge the law in court. The state has already appealed the ruling.

As noted by Fechter, HB 2127 very much represents a front line in the ongoing culture war between Republicans at the state level in Texas and the bluer politics of local governments in the state.

“HB 2127 — carried during this year’s regular legislative session by state Rep. Dustin Burrows of Lubbock and state Sen. Brandon Creighton of Conroe, both Republicans — marked Texas Republicans’ most expansive attempt yet to weaken local governments in their yearslong campaign against the state’s major metropolitan areas, which account for most of the state’s economic growth and often are governed by Democrats,” writes Fechter.

Additional news coverage of the ruling is available in an article by Andrew Weber for KUT. Weber notes that the ruling returns some power to local governments to create unique laws regarding “transportation, agriculture, labor and property codes, among other areas.” Weber also reports that the cities of Houston, San Antonio and El Paso sued to overturn the ruling, leading to the recent ruling.

An article by Brad Johnson for the Texan, published before the ruling, explains the legal arguments on both sides of the issue.

An April article by Fechter for the Texas Tribune reported the news of the bill’s approval when it passed the state’s House of Representatives. Fechter noted at the time that the bill had the backing of state business groups, who argued that the law is necessary “o combat what they call a growing patchwork of local regulations that make it difficult for business owners to operate and harm the state’s economy.”