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What is the "Death Star" bill?

By
Published  July 3, 2023 4:01pm CDT
Texas
FOX 26 Houston

TEXAS - The so-called "Death Star" bill, or House Bill 2127, is a Texas law that gives the state government broad powers to preempt local regulations. The bill was signed into law by Governor Greg Abbott on June 14, 2023, and is set to take effect on September 1, 2023.

Houston files lawsuit against the state of Texas over "Death Star" bill

The bill defines "preemption" as "the power of the state to declare that a local law is void and unenforceable." Under HB 2127, the state government can preempt local laws in a wide range of areas, including:

  • Land use: The bill would allow the state government to preempt local zoning laws, which could prevent cities from enacting zoning regulations that protect the environment or promote affordable housing.
  • Labor: The bill would allow the state government to preempt local labor laws, which could prevent cities from enacting ordinances that require businesses to pay a living wage or provide paid sick leave to their employees.
  • Environment: The bill would allow the state government to preempt local environmental regulations, which could prevent cities from enacting ordinances that protect air quality or water quality.
  • Public health: The bill would allow the state government to preempt local public health regulations, which could prevent cities from enacting ordinances that require businesses to close during a public health emergency or require restaurants to post calorie counts on their menus.

The bill has been criticized by local officials and advocates for local control, who argue that it would give the state government too much power to override local laws. They also argue that the bill would harm local economies and communities by preventing cities from enacting regulations that are tailored to their specific needs.

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Houston files a lawsuit against the state of Texas over "Death Star" bill

Governor Greg Abbott signed Texas House Bill 2127 on June 14, with an effective date of September.

The bill's supporters argue that it is necessary to protect businesses from burdensome regulations and to ensure that there is a uniform set of rules across the state. They also argue that the bill does not give the state government unlimited power to preempt local laws, and that cities can still enact regulations that are not preempted by the state.

The bill is currently being challenged in court by the City of Houston and other cities. The outcome of the lawsuit is still pending.