A state law imposing sweeping restrictions on the ability of cities and counties to pass local ordinances is now in force. Houston Public Media’s Andrew Schneider reports an appeal by the Texas Attorney General’s Office means the law is taking effect on schedule, despite a lower court ruling earlier this week that it violates the state constitution.
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House Bill 2127 lets private entities sue cities and counties that regulate in any of eight broad areas without prior approval from the state Legislature. Charles “Rocky” Rhodes of South Texas College of Law Houston says the state’s appeal opens local governments to a flood of such suits.
“It’s going to be a very messy process to litigate the constitutionality of this law, which is of course why the City of Houston was trying to bring an action to stop it in advance.”
N-F-I-B Texas, a trade group representing Texas small business owners, is encouraging its members to make use of what’s officially called the Texas Regulatory Consistency Act but opponents have dubbed “the Death Star Law.”
I’m Andrew Schneider in Houston.