Texas Legislature Could Strip Cities Of Local Authority 

This blog originally appeared at The Hill.

The Texas legislature is discussing a duo of bills that aim to revoke the authority of cities and counties to establish policies regarding a broad range of matters, including the environment, safety, and discrimination.

These state bills, namely House Bill 2127 and Senate Bill 814, seek to prevent local governments from enacting or enforcing regulations in various significant domains “unless explicitly authorized by statute.”

Seizing power:

This implies that unless the Texas legislature has explicitly granted cities the authority to establish regulations and ordinances related to natural resources, agriculture, or labor, any such rules become invalid immediately upon enactment. This could encompass a wide range of laws, including new anti-discrimination regulations or prohibitions on specific types of pollution or industrial activities.

A bigger fight:

The suggested legislation extends a trend of nearly ten years wherein state Republicans have challenged the independence of Texas cities. This includes instances such as Austin’s unsuccessful move to prohibit single-use plastic bags or Denton’s failed effort to restrict fracking within city boundaries.

Going on defense against progressives:

The House bill’s sponsor framed the new legislation as defensive. 

Progressive urban centers are beginning to pass all sorts of things they historically have never touched before,” House sponsor Dustin Burrows (R) told the conservative Texas Public Policy Foundation. 

  • Burrows pointed to “the Green New Deal, or Dallas trying to ban gas-powered lawn mowers, or fracking bans out of Denton, or labor union bills in the city of Houston.” 
  • In all these cases, “progressive activists who can’t get their agenda through the state house now go down to our city councils to pass rules, which are hurting business.” 

Business lobby approves:

The Texas business lobby welcomed the bill, as it would enable statewide businesses to engage in discussions on environmental and labor matters solely with the Republican-dominated state government, bypassing the relatively liberal cities.

The bills would protect business owners from what state director Annie Spilman of the National Federation of Independent Business referred to as “the whims of rogue regulators,” according to a statement.

Unions push back:

Proponents of the new legislation “express concerns about a patchwork of local regulation,” stated Rick Levy, president of the Texas branch of the American Federation of Labor and Congress of Industrial Organizations.

  • Those ‘rogue regulators’ are elected representatives of their cities’ citizens, Levy noted. 
  • “I think Texas is a beautiful quilt of vibrant communities that are so vibrant and unique. We see that as a strength, not something we want to crush,” he added.  

Focus on heat:

The legislation would invalidate rules implemented by Austin and Dallas to safeguard workers from hazardous summer heat, according to Levy.

  • Those workers “have the right to a 10-minute rest break every 4 hours to have water in the heat of day,” according to Levy.  
  • “This bill would strip that right, because somehow it is so hard for businesses to give workers this basic right,” he added. 

https://thehill.com/newsletters/sustainability/3902044-texas-legislature-could-strip-cities-of-local-authority/

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