The city of Dallas is asking a state appellate court to strike down as unconstitutional a recent Texas law that invalidated certain city and county regulations covering businesses, labor, property and other areas.
In August, a state district judge in Travis County sided with Houston, San Antonio, and El Paso, which blocked House Bill 2127, which had challenged the bill as unconstitutionally vague. Texas immediately appealed.
The city of Dallas joined the fray Wednesday by filing a legal brief with the Austin-based Third Circuit Court of Appeals, arguing that the law “upends” cities and counties' ability to govern.
Dallas City Attorney Tammy Palomino said in a 23-page filing that “local cities only need to rely on state law to limit their powers, not to ask for permission to act.”
The Republican-backed law would prohibit local governments from adopting or enforcing ordinances that go beyond what is allowed under state law regulating agriculture, commerce, finance, insurance, labor, local government, natural resources, occupations, and property. It was forbidden to do so.
Republican lawmakers and Gov. Greg Abbott said the legislation would promote economic growth by streamlining ordinances and protecting businesses from a patchwork of regulations that could change at city or county lines.
State Sen. Brandon Clayton (R-Conroe), who introduced the bill in the Senate, previously said the legislation would “prevent liberal blue cities from continuing their absurd, anti-business, job-killing ordinances.” .
Critics have dubbed HB 2127 the Death Star Act, calling it a power grab by Congress aimed at overturning progressive local policies. Critics also said the law's broad language makes it difficult to determine which ordinances are illegal.
The attorney general's office, representing the state, asked the Third Circuit to dismiss the city's lawsuit, arguing that HB2127 is a valid exercise of state authority over local governments.
Dallas states in its legal brief that HB 2127 effectively and unjustifiably repeals the Home Rule Amendment, which was added to the Texas Constitution in 1912 with the approval of approximately 75% of voters. insisted. The amendments will give local governments the ability to govern themselves.
“The people have chosen to put their trust in their autonomous cities, and the state cannot take away that choice without again presenting them with a choice through a constitutional amendment process,” Palomino wrote.
