Nation’s Fourth Largest City Sues To Overturn Texas Regulatory Consistency Law

Leading officials for the city of Houston filed a lawsuit in Travis County Court on the third day of July seeking to overturn a new state law created in Texas with the enactment of House Bill 2127, which was signed into law by Governor Greg Abbott (R) in June. HB 2127, the Texas Regulatory Consistency Act, preempts a broad swath of local regulatory powers by stipulating that “unless expressly authorized by another statute, a [city] may not adopt, enforce, or maintain an ordinance or rule that regulates conduct in a field of regulation” pertaining to agriculture, business and commerce, finance, insurance, labor, natural resources, occupations, and property.

“What this means is that cities like the city of Houston cannot pass ordinances in these areas unless the state of Texas explicitly gives us permission to do so,” Houston Mayor Sylvester Turner (D) said at the July 3 press conference announcing the lawsuit. HB 2127 restricts the regulatory powers of local governments by design, but not all local officials share Mayor Turner’s opposition to this reform.