Under Threat: Local Government Preemption Bill Challenged by Liberal Cities in Court 

August 31, 2023
Andrew McVeigh
88th Legislative Session, Courts, Local Government

This Friday, the first of September, roughly 800 new laws passed by the Texas Legislature and signed by Governor Abbott are going fully or partially into effect for the first time.  

One of those bills designed to protect Texans from abusive local governments, HB 2127, is now under threat of potentially being blocked from implementation. 

On Wednesday, the City of Houston’s lawsuit challenging the bill was heard in Travis County District Court, and that evening the Judge issued an opinion declaring the law “unconstitutional.”

There has been some confusion, however, as the city of Houston did not actually ask for an injunction of the law, raising hopes that the law would still be effective and enforceable on Friday as normal.

HB 2127, if actually implemented in its entirety, would have been a major win for Texans, Texas businesses, and the continued cultivation of a virtuous free-market system in the Lone Star State. The intent of the law was to help preempt rogue cities (often Democrat-controlled) from imposing burdensome regulations or outright bans on economic activities that are otherwise perfectly legal. 

As of Thursday morning, the State of Texas had officially filed its appeal of the Judge’s opinion with the 3rd Court of Appeals. 

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