Texas Judge Deems Sweeping Law Targeting Progressive Urban Areas Unconstitutional
A Texas judge in Travis County has ruled that a comprehensive new state law, aimed at diminishing the ability of urban areas with more progressive inclinations to implement their own policies, is unconstitutional. State District Judge Maya Guerra Gamble issued this verdict just days ahead of the scheduled enactment of House Bill 2127, colloquially known as the “Death Star” bill.
The law, championed by Republicans, intends to curtail local governments from enacting a broad array of progressive policies by prohibiting cities and counties from enacting local ordinances that exceed the boundaries set by state law in various areas.
Although the law is still expected to take effect, Houston City Attorney Arturo Michel stated that the judge’s ruling provides cities with ammunition to challenge any lawsuits targeting local ordinances under the purview of HB 2127.
The Texas Attorney General’s Office has already appealed the ruling, according to a spokesperson.
Local officials had strongly criticized the law’s passage earlier this year, characterizing it as an expansive, ambiguous, and potentially unconstitutional power shift by the state. Critics argued that it could hinder local responsiveness and disrupt established state operations. Houston initiated a lawsuit against the state last month, joined by San Antonio and El Paso, asserting that the law contradicts a section of the state constitution allowing cities to establish their own laws.
During a court hearing, the state’s attorneys contended that such a law falls within the state’s jurisdiction. However, the judge sided with the cities.
Houston Mayor Sylvester Turner expressed satisfaction with the ruling, emphasizing that the ongoing confrontation between the Governor and the Legislature and “home-rule cities” undermines the state, its economy, and citizens’ democratic will.
House Bill 2127, carried by state Rep. Dustin Burrows of Lubbock and state Sen. Brandon Creighton of Conroe during the recent legislative session, marked a significant attempt by Texas Republicans to curtail the powers of local governments. The move has been a recurring theme in their efforts against the state’s major urban centers, many of which experience substantial economic growth and are often governed by Democrats.
Reacting to the ruling, Burrows dismissed its significance and predicted that the Texas Supreme Court will eventually uphold the law’s validity. Governor Greg Abbott and business advocacy groups, particularly the National Federation of Independent Business, had long advocated for such a law, citing concerns over the proliferation of local regulations and their alleged burden on businesses.