Texas judge declares 'Death Star Bill' unconstitutional, state government could override local laws

HOUSTON - Texas House Bill 2127 has been declared unconstitutional by a judge on Wednesday.

Judge Maya Guerra Gamble struck down HB 2127, also known as the Texas Regulatory Consistency Act or as its critics refer to it the "Death Star Bill" which would prohibit a municipality or county from adopting, enforcing, or maintaining a law going against certain Texas state codes.

The State of Texas was sued by many cities including, Houston, San Antonio, and El Paso, who claimed the "super preemption" law was too vague to be enforced and too lacking in standards to ask a court to enforce it. They also stated the bill went against the Texas Constitution granting "the full power of self-government" to home-rule cities.

RELATED: What is the "Death Star" bill?

Although the Court did not rule on all of the claims Houston raised, the Court primarily focused on HB 2127’s vagueness.

The bill was set to go into effect on Sept. 1 and would require Houston city government to seek permission from the State Legislature, which only meets every other year, to provide important and expected services and protections to Houstonians, like eviction protections if their home floods in a hurricane.

If the city did not get state permission, the Houston city government could not act and would be sued for doing so.

The bill would have preempted or rendered void and unenforceable not just existing but future local ordinances that protect workers and consumers against payday lenders and labor abuses, among other things.

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Mayor Sylvester Turner gave this statement in regard to the law: 

"I am thrilled that Houston, our legal department, and sister cities were able to obtain this victory for Texas cities. HB 2127 was a power grab by the Legislature and an unwarranted and unconstitutional intrusion into local power granted to Houston and other home-rule cities by the Texas Constitution. HB 2127 was intended to mire large cities like Houston in endless litigation at taxpayer expense as cities and businesses struggle to discern what HB 2127 meant. As a former legislator, I am appalled by this assault on federalism and Texas cities.

Home-rule cities like Houston, San Antonio, and El Paso have long been the drivers of the State’s vibrant economy. The Governor’s and Legislature’s ongoing war on such home-rule cities hurts the State and its economy, discourages new transplants from other states, and thwarts the will of Texas voters who endowed these cities in the Texas Constitution with full rights to self-government and local innovation. This self-defeating war on cities needs to end.

While Houston realizes our battle with the State is not over, I will do all I can during my remaining term to ensure that Houstonians govern Houstonians. I hope my successor will do the same."

Harris County Commissioner Rodney Ellis also have a statement on the ruling:

"Today's ruling that declares HB 2127, widely known as the "Death Star bill," unconstitutional is a significant victory for democracy and the principles of local governance. The "Death Star Bill" would have undermined the autonomy of local communities and restricted the power of local leaders to protect residents and deliver economic opportunity for all. At its core, this bill was an affront to democracy itself. By attempting to limit the authority of local governments, it aimed to silence the voices of our constituents and hinder our ability to address the unique challenges and opportunities that our communities face. This ruling ensures that important County programs, such as worker safety protections, tenant protections, worker benefits, and fair hiring practices, can continue to thrive without the looming threat of arbitrary restrictions."