A Texas district court judge declared on Wednesday that a recently enacted state law, designed to prevent cities from establishing local regulations on various matters, including provisions such as rest breaks for construction workers, was unconstitutional. The judge sided with leaders from cities such as Houston and San Antonio, who had contested the law.
Why It’s Significant: The law was a battleground for control in Texas.
Known as House Bill 2127, the law was slated to take effect on Friday. Its passage this year marked one of the Republican-majority Legislature’s boldest moves to exert influence over the state’s increasingly progressive cities led by Democrats.
The law aimed to block cities from enacting ordinances concerning labor, agriculture, and natural resources. It was expected to void existing laws on topics ranging from sanitation guidelines to the oversight of puppy mills. Critics among Democrats labeled it the “Death Star” due to its far-reaching impact on cities’ regulatory powers.
The law garnered national attention for its potential to eliminate ordinances in Austin and Dallas mandating periodic rest breaks for construction workers, a crucial adjustment given the state’s series of scorching heat waves.
Mayor Sylvester Turner of Houston hailed the judge’s ruling as a “significant victory” for cities across Texas during a press conference on Wednesday.
Context: Businesses supported the law, while city leaders opposed it.
Business associations such as the National Federation of Independent Business, along with Republican lawmakers and Governor Greg Abbott, backed the law—dubbed the Regulatory Consistency Act—as a means to streamline regulations and spare companies from navigating a patchwork of rules across different parts of the state.
Labor organizations, city officials, and Texas Democrats contended that it was an attempt to strip away local control. This occurred as Texas cities grew increasingly progressive and implemented enhanced protections for workers and tenants.
In July, the City of Houston, joined by San Antonio and El Paso, filed a lawsuit against the State of Texas, arguing that the law was overly extensive and violated provisions of the State Constitution granting cities the authority to establish their own rules. Due to the law’s comprehensive language, city leaders struggled to identify which regulations would be nullified and which could still be enforced.
Travis County Judge Maya Guerra Gamble, overseeing the case in Austin, concurred with this sentiment. She deemed the law “wholly unconstitutional” and granted the cities’ motion for summary judgment on Wednesday.
What’s Ahead: Uncertain future for rest breaks.
The Texas Attorney General is expected to appeal the ruling. The case may eventually reach the State Supreme Court, comprised entirely of Republican members.