Republican Legislators Seek to Hamstring Local Rule, and Encourage Lawsuits Against Cities and Towns

by Mike Killalea, NSD President

The Republican-led Texas legislature has shifted from undermining the rights of

individual Texans to crippling our ability to govern at the local level. HB 2127,

passed out of the Texas House in late April, if enacted, would limit cities’ ability to

issue regulations that local residents and elected officials might favor. More than

a dozen regulatory areas are likely to be off limits to city rule making, according

to the Texas Municipal League.

Ellen Troxclair, Lago Vista’s state representative, was a co-sponsor of this

freedom-shredding bill.

It’s called “preemption,” and it’s the latest right-wing legislative tactic aimed

squarely at limiting American rights and freedoms.

The Texas preemption attack would shut down local rule makings for anything

regulated by a state agency. HB 2127, and its companion in the Texas Senate,

would prohibit cities and towns from pursuing common-sense regulation for

overgrown lots, drought preparation, raising animals (puppy mills in Lago,

anyone?), pawn shops, uncontrolled burns, and payday loan sharks, among

others.

Even better, enforcement would be pursued through lawsuits by private citizens.

They can even recover attorney’s fees and legal costs from the city. (I thought

Republicans were all in for tort reform. Now they are encouraging lawsuits. What

happened?)

Want your city to improve its roads or expand its police department? Sorry, gotta

save that money to fend off possible lawsuits to overturn ordinances against

overgrown lots or to institute burn bans.

Lago Vista Mayor Ed Tidwell is no fan. On Nextdoor, he wrote, “This provision,

combined with the fact that the preemption requirement is so vague, will lead to

substantial litigation risk for the city if it attempts to solve community problems by

passing an ordinance.”

It’s a cynical myth that movement conservatives and MAGA fanatics believe in

small government and local control. They don’t. Libertarians and Independents,

take notice!

Check out Mayor Tidwell’s extensive writeup on HB 2127 on the social media site

And this story from the Texas Standard:

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