San Antonio Report
by Robert Rivard
For years now, the state’s Republican elected leaders have used every biennial session of the Texas Legislature to go on the attack against the state’s major cities, where the majority of voters are Democrats or independents, and several are governed by Democrats.
Finally, at least one Texas city is fighting back. The City of Houston, led by Democratic Mayor Sylvester Turner, filed suit last week in Travis County, arguing that the newest such anti-city law, House Bill 2127, is unconstitutional in its sweeping efforts to curtail the authority of home rule cities to self-govern and pass ordinances.
The so-called “Death Star Super Preemption Law,” as Turner described it, was signed by Gov. Greg Abbott in June and goes beyond the existing constitutional limitation that prevents cities from passing ordinances that run counter to state laws. HB 2127, if it survives legal challenges, goes into effect Sept. 1. It would impose far greater limitations on municipal government, preventing mayors and city councils from enacting ordinances that conflict with Republican efforts to restrict local regulation of businesses. In practical terms, the bill gives state leaders a tool to challenge cities any time an ordinance passes that runs counter to the anti-regulatory posture of the state’s Republican elected leaders.
Last month, two San Antonio City Council members, Manny Pelaez (D8) and John Courage (D9), floated the idea of San Antonio suing the state to stop HB 2127. City Attorney Andy Segovia guided the conversation from an open session into a closed door executive session, where it is likely he cautioned against litigation. I’d be curious to know if Turner has reached out to Mayor Ron Nirenberg and other big city mayors to solicit their support.
Republicans have passed bills in recent years that have limited a city’s annexation powers; imposed control on property tax increases; prevented cities from cutting public safety budgets; and even stopped cities from regulating landlords who refuse to accept federal vouchers from tenants.
Turner was first elected Houston mayor in 2015 and is now serving his second four-year term. He represented District 139 in the Texas House from 1989 to 2016. Speaking at a press conference Monday, he said the new law would prohibit the city from passing ordinances to regulate commercial tow truck companies, outdoor music festivals, noise regulations and boarding homes, according to the Texas Tribune.
“Since this bill was introduced, I, along with members of city council, have been sounding the alarm on the dangers of this legislation and its efforts to strip local governments of this authority,” Turner stated. “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. That is a total reversal from the way things have been in this state for more than a century.”
Unsurprisingly, state Rep. Dustin Burrows (R-Lubbock), the bill’s author, fired back at Turner and other opponents by citing their work with the Local Solutions Support Center, a four-person nonprofit based in California that works with cities to protect local control and self-governance.
“I am not surprised that leftist cities are working with activists from California to try and slow down the implementation” of HB 2127, Burrows tweeted Monday. “I have confidence this bill will become law, and help ensure Texas’ economy thrives for future generations.”
California is a dirty word among Republican state leaders in Texas, who have vilified the blue state and its leadership with increasing intensity and frequency. There is no love lost between the country’s two biggest states. Texas has just surpassed 30 million people and is the fastest growing state, according to the U.S. Census. California has more than 39 million residents. The two states serve as proxies for the country’s bitter partisan divide.
You can substitute “San Antonio” or “Houston’’ and find similar sentiments expressed by Republican leaders toward Turner and Nirenberg here. I reached out to a city official to see if San Antonio is considering joining the Houston lawsuit, and was told the city is continuing to explore its options and has no update to share at this time. The suit likely would carry more weight in state courts if multiple major cities lined up against the legislation’s unconstitutionality.
Other than time and legal fees, I don’t see what the City of San Antonio has to lose. After years of Republican bullying, the rhetorical resistance by city leaders has yielded no tangible relief. It’s time to fight back.