A controversial and potentially far-reaching law that prevents cities from enforcing a wide swath of local ordinances is a major concern for North Texas cities – but not enough for them to file a lawsuit.
HB 2127, set to take effect Sept. 1, bars cities from passing ordinances that regulate beyond what is explicitly stated in state law, such as ordinances in Dallas and Austin that mandated water breaks for construction workers.
Rather than sue, all eyes are on the city of Houston, which did take the state to court. It filed a lawsuit in Travis County earlier this month.
Houston alleges the measure is inconsistent with the Texas Constitution and “the Texas Legislature would never be the ‘exclusive regulator’ of city life, as HB 2127 wrongly asserts.”
A wide spectrum
Representatives from various cities testified against the bill this spring in committee hearings in the House and Senate, including staff from Dallas, San Antonio, El Paso, and the Texas Municipal League.
In response to questions from KERA since the Houston suit was filed, North Texas cities generally say they are watching the case carefully but currently have no plans to join.
“We wanted to see how that kind of plays out before we take any specific action,” said Mesquite City Manager Cliff Keheley.
In an interview, Keheley and Mesquite Mayor Daniel Alemán said they were concerned the preemption law might endanger some city ordinances.
While proponents of the law insisted it would ensure certainty for businesses that operate throughout Texas, cities generally say it creates significant uncertainty on their end because of the law's breadth and lack of specificity.
“It’s covering a wide spectrum. It really is,” Alemán said.
One particular concern for Alemán and Keheley is Mesquite’s ordinance capping the length of grass at 8 inches. They said state law allows for higher.
And Mesquite’s short-term rental rule, in which owners of Airbnb rentals must register with the city and post a sign on the house with their contact information, might also be preempted.
Keheley said Mesquite is waiting on further analysis of the law from the Texas Municipal League. He also hasn’t beefed up the city's legal team any more than usual to handle any anticipated HB 2127 lawsuits from people fighting local ordinances.
Reviewing options
The other cities KERA reached out to did not grant interviews about their plans to handle HB 2127.
The city of Dallas said it was aware of the Houston lawsuit and is “reviewing the city’s options.”
“The Act is unclear, vague, inconsistent with current preemption law, and poses more questions than it answers,” the city said in a statement.
Leaders of Plano and Fort Worth both declined interviews and said outright they would not join Houston in suing the state. While Fort Worth’s legal department said it was “closely monitoring” the Houston suit, a Plano spokesperson said, “we support the city of Houston’s position.”
North Richland Hills City Attorney Maleshia McGinnis declined an interview. Messages to Garland’s city attorney did not get a response. A spokesperson for the city of Lancaster did not respond to a follow-up email seeking an interview.
Arlington spokesperson Jessica Correa said that city’s council hadn’t discussed HB 2127 and would not talk about it until members returned from break in August.
Views of local and state government
Recent polling from the Texas Politics Project found about the same percentage of Texans view local government and state government favorably: 47% and 46%, respectively.
In their analysis of the findings, UT’s Jim Henson and Joshua Blank placed the passing of HB 2127 in political context – as GOP state lawmakers taking aim at cities run by Democrats.
"While the immediate political targets are Democrats, the scope of HB 2177 means the effects are systemic: all voters are subject to the erosion in the responsiveness of local government,” they wrote.
Got a tip? Email Bret Jaspers at bjaspers@kera.org.
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