In 2023, the Texas Legislature passed a significant bill, House Bill (HB) 2127, along with its companion Senate Bill (SB) 814, raising concerns over its impact on local control. The legislation pre-empts local ordinances across various sections of state law, creating uncertainty about which city regulations are prohibited. Critics argue that the broad nature of the bill hinders cities, forcing them to comply with state regulations that are vaguely defined.
While the bill outlines specific prohibitions, such as preventing cities from imposing new restrictions on payday lenders or mandating water breaks for construction workers, it leaves many regulations unclear until a city faces a lawsuit. The legislation identifies eight statutory "fields" where cities are prohibited from regulation, including the Agriculture Code, Finance Code, Labor Code, Natural Resources Code, Occupations Code, Business and Commerce Code, Insurance Code, and Property Code.
The bill, effective from September 1, 2023, faced legal challenges when a Travis County district court ruled it unconstitutional in August. Houston and San Antonio filed lawsuits against HB 2127, contesting its impact on local autonomy. The state has appealed the district court's ruling, leading to ongoing legal debates surrounding the controversial legislation.
