Mayor Ron Nirenberg (right) confers with City Attorney Andy Segovia as San Antonio City Council discusses Texas HB 2127 during session on Thursday, Mar. 23, 2023.
San Antonio Express-News
Megan Rodriguez
The city of San Antonio is suing the state of Texas over House Bill 2127, a new law that limits local authority.
The measure, which critics call the "Death Star bill," puts a slew of local regulations in doubt and allows businesses and individuals to sue cities they believe have imposed new regulations in violation of the law.
Mayor Ron Nirenberg and City Attorney Andy Segovia will provide details on the lawsuit to reporters later today.
The lawsuit comes after the city of Houston filed one earlier this month contending that HB 2127 violates the Texas Constitution and is unenforceable. The law is set to go into effect Sept. 1.
The City Council and Mayor Ron Nirenberg opposed HB 2127 as it moved through the Legislature. Then-District 10 Councilman Clayton Perry was the only exception — and so is his successor, Marc Whyte.
District 8 Councilman Manny Peláez, District 9 Councilman John Courage and District 5 Councilwoman Teri Castillo have been the staunchest advocates on the council for challenging HB 2127.
The city had appeared to be inching toward a lawsuit in recent weeks. Segovia said earlier this month that his office was reviewing its legal options.
HB 2127 limits cities' and counties' ability to craft new regulations. New rules can be no more restrictive than what’s “expressly authorized” in state codes covering business, labor, property and other areas.
Currently, as long as state law doesn’t tell the city that it can’t do something, City Council can move forward with new regulations. The new law flips that approach; the city will have to get permission from the Legislature to adopt new rules.