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A sweeping new Texas law aimed at undermining the ability of the state’s bluest urban areas to enact progressive policies is unconstitutional, a Travis County judge ruled Wednesday.
State District Judge Maya Guerra Gamble blocked the law — House Bill 2127, which opponents called the “Death Star” bill — just days before it was set to take effect Friday.
The Republican-backed law aims to prevent local governments from enacting a wide range of progressive-oriented policies by preventing cities and counties from passing local ordinances that go beyond what is allowed under broad areas of state law.
Local officials refused to pass the law earlier this year — criticizing it as a broad, vague and potentially unconstitutional state power grab that would prevent them from meeting local needs and unnecessarily disrupt how the state has operated for nearly a century.
Houston, later joined by San Antonio and El Paso, sued the state last month, claiming the law conflicts with a part of the state constitution that allows cities to enact their own laws.
The state is expected to appeal the ruling.
The law — which was implemented during this year’s regular legislative session by state Rep. Dustin Burroughs of Lubbock and state Sen. Brandon Creighton of Conroe, both Republicans — represents the most expansive attempt by Texas Republicans yet to sideline local governments in a years-long campaign against big corporations. in the state. Urban areas, which account for most of the state’s economic growth and are often governed by Democrats.
Gov. Greg Abbott and business lobbyists, most notably the National Federation of Independent Business, have long pushed for such a law — complaining of a growing patchwork of local regulations that they say burdens businesses too heavily.
City officials and progressive groups said the number of local ordinances that would become illegal under the new state law remains unclear given how broad it is. But there are some concrete examples.
The law, for example, bars cities from issuing local ordinances that require employers to provide paid sick leave for their workers — as Austin, Dallas and San Antonio have tried, although the courts blocked those laws before they took effect. It would also prevent cities from enacting protections for renters facing evictions — at a time when the number of eviction requests in Texas’ major cities is exceeding pre-pandemic levels. And as Texas increasingly suffers from grueling summer heat waves, the law is repealing the mandatory water shut-offs for construction workers that Austin and Dallas put in place.
The law appears to have the apocalyptic effect that the legislators intended. After its passage, San Antonio officials scaled back their proposed water shutoff ordinance.
“When you think about it, this law is anti-democratic,” said Terry Castillo, a San Antonio city council member. “It takes power and freedom away from ordinary Texans who deserve to be heard. And it directly contradicts the values that I know Texans believe in.”
Even as local officials increasingly identify some ordinances that may become illegal, the true scope of the new law remains unknown. City leaders think it will take several lawsuits to see which local ordinances can stay on the books.
This is a developing story. Check back for updates.
The full program is now live for Texas Tribune Festival 2023, will happen September 21-23 in Austin. Explore the program of over 100 memorable talks coming to TribFest. Panel topics include the biggest races of 2024 and what lies ahead, how major cities are changing in Texas and across the country, the integrity of the upcoming election, and more. Watch the full programme.
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