in Travis County against the State of Texas to declare House Bill 2127, also known as the “Death Star” or “Super” preemption bill, “unconstitutional, void, and unenforceable,” according to a news release.
Gov. Greg Abbott signed Texas House Bill 2127 on June 14, 2023, with an effective date of Sept. 1, 2023. According to the city, the Texas Constitution, in Article XI, Section 5, grants the power of local self-government to a home-rule city. A home-rule city may act in a way that is authorized by its charter. However, that charter may not contain any provision inconsistent with the Texas Constitution or state law.
“This is the opposite of a general law city, which must look to state law for the authority to act.
The lawsuit alleges that HB 2127 encourages and forces home-rule cities and their taxpayers to pay fees to finance lawsuits filed by trade associations seeking to deregulate their industries at the local level. “The Texas constitution expressly champions the local control and innovation that has been key to the tremendous economic dynamism in cities like Houston. HB 2127 reverses over 100 years of Texas constitutional law without amending the Constitution. Because Texas has long had the means to preempt local laws that conflict with State law, HB 2127 is unnecessary, dismantling the ability to govern at the level closest to the people and therefore punishing all Texas residents.