Texas judge rules bill limiting cities, counties’ authority unconstitutional.
Texas Legislation Struck Down as Unconstitutional
A Travis County judge declared a Texas legislation unconstitutional on Aug. 30, which aimed to limit the authority of cities and counties to impose their own laws.
The legislation, known as the “Texas Regulatory Consistency Act,” was sponsored by state Sen. Brandon Creighton and state Rep. Dustin Burrows, both Republicans. It had received support from Gov. Greg Abbott.
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The legislation was set to go into effect on Sept. 1, but it was deemed unconstitutional by state District Judge Maya Guerra Gamble after legal challenges from the cities of Houston, San Antonio, and El Paso.
Judge Gamble agreed with the cities’ arguments that the legislation was too vague and violated the state constitution, which grants cities ”the full power of self-government.”
The legislation aimed to address the issue of inconsistent regulations across the state by limiting the ability of local governments to make rules or regulations in certain areas without approval from the Texas Legislature.
‘Overreaching Regulations Conflict With State Law’
The legislation also allowed Texans to file lawsuits against municipalities or counties that violated the legislation, giving them three months’ notice to correct the issue before legal action could be taken.
Supporters argued that the legislation would help small businesses deal with inconsistent and overreaching regulations, while opponents feared it would undermine local worker protections.
Despite the ruling, state Rep. Dustin Burrows expressed confidence that the Texas Supreme Court would uphold the law, stating that the judgment had no legal effect or precedent.
Annie Spilman, the Texas director at the National Federation of Independent Business, condemned the judge’s ruling and encouraged Texans to avail themselves of their rights under the new law.
‘Power Grab by the Legislature’
Spilman argued that the Texas Constitution allows the legislature to preempt local ordinances and that opposition to the law’s scope does not make it unconstitutional. She urged local officials to focus on addressing the concerns of their constituents instead of filing lawsuits against the state.
City officials who challenged the legislation saw the ruling as a victory for local self-government.
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