Houston Files Lawsuit Against “Death Star Law” to Protect Local Laws
HOUSTON – The City of Houston has taken a bold stance, filing a lawsuit challenging the newly enacted state law HB 2127, known colloquially as the “Death Star Law.” In an unprecedented move, Houston is seeking to have the law declared unconstitutional and void.
Signed into law by Governor Greg Abbott on June 14, 2023, HB 2127 is set to take effect on September 1 of the same year. However, the Houston mayor’s office argues that this law oversteps the boundaries of the legal hierarchy in Texas, granting state law excessive power over local regulations, even superseding the state Constitution itself. This law bypasses the need for a constitutional amendment to repeal a constitutional provision, raising concerns about its legitimacy.
The primary objective of HB 2127 is to establish a uniform set of state-level regulations that would supersede existing local laws. Consequently, vital local programs, including the city of Houston’s contractor health care program, as well as ordinances in Dallas and Austin that protect workers from extreme heat, would be effectively eliminated.
Furthermore, the legislation grants the State of Texas the authority to override local regulations during emergency situations, such as natural disasters. This provision severely limits citizens’ ability to seek solutions outside the narrow window of time when the state legislature is in session.
Expressing his concerns over the law, Houston Mayor Sylvester Turner has vowed to fight for the constitutional rights of Houstonians and their ability to govern themselves. His determination to protect the local autonomy of Houston reflects the broader sentiment among many residents who fear the stifling of their democratic rights.
The lawsuit, currently in Travis County, seeks to have HB 2127 declared unconstitutional. Houston’s legal challenge is poised to test the limits of state power and determine whether local communities can retain their ability to pass and enforce laws that suit their specific needs.
As the battle ensues, all eyes will be on the courtroom, waiting to see whether Houston’s legal challenge can safeguard the rights and autonomy of local governments against what some critics perceive as an overreach by the State of Texas. Only time will tell how this high-stakes controversy will unfold.