City Hall, shown Tuesday from the Chase Tower observation floor. City leaders proposed cutting their property tax rate on Wednesday, a move made necessary by a revenue cap approved by voters in 2004.
Brett Coomer, Houston Chronicle / Staff photographer
San Antonio Express-News
Dylan McGuinness
Judge Maya Guerra Gamble struck down the new law, House Bill 2127, known as the super preemption bill or the “Death Star bill” to critics.
The law, which was set to take effect Friday, would limit local regulations to being no more restrictive than what is “expressly authorized” in state codes covering business, labor, property and other wide-ranging areas. That marked a much broader approach than the state has taken in the past, passing laws that preempt singular ordinances.
"I do believe their argument is the right one," Gamble said of the cities. "I am ordering the motion for summary judgment filed by Houston and joined in by San Antonio and El Paso is granted, and declaring House Bill 2127 unconstitutional."
City and county leaders across the state said the law would throw a laundry list of local ordinances into doubt, subject to lawsuits by private parties. In Houston, elected officials have said that includes local ordinances regulating late night noise at clubs, banning puppy mill breeders in the city, and commonplace regulations governing unlicensed boarding homes and hazardous waste disposal, among others.
Attorneys for the city argued preemption requires two legal standards: a direct and irreconcilable conflict between state law and a local ordinance, and intent to preempt the local law with "unmistakable clarity." They argued the state failed to meet those standards, making the law unconstitutionally vague.
The ruling almost certainly will face an appeal, and it did not take long for lawmakers to pan the decision.
"The judgment today by a Democrat Travis County District Judge is not worth the paper it’s printed on," said state Rep. Dustin Burrow, R-Lubbock, the author of the bill. "The Texas Supreme Court will ultimately rule this law to be completely valid. The ruling today has no legal effect or precedent, and should deter no Texan from availing themselves of their rights when HB2127 becomes law on September 1, 2023."
Earlier in the morning, Gov. Greg Abbott said he signed the law to cut red tape and help businesses thrive.
"Texas small businesses are the backbone of our economy," Abbott said in a post on X, formerly known as Twitter. "Burdensome regulations are an obstacle to their success."
Jasper Scherer contributed to this report.
This is a developing story and will be updated.