Texas 2023 - 88th Regular

Texas House Bill HB2127

Filed
2/9/23  
Out of House Committee
4/14/23  
Voted on by House
4/19/23  
Out of Senate Committee
5/5/23  
Voted on by Senate
5/16/23  
Governor Action
6/14/23  

Caption

Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation.

Impact

If enacted, HB 2127 would significantly alter the balance of regulatory authority between state and local governments in Texas. Specifically, local municipalities and counties would be prohibited from enacting any regulations that go beyond those established at the state level, particularly in the areas of employment, trade, and various public safety measures. The bill's proponents claim that this change will eliminate unnecessary compliance burdens for businesses, thereby encouraging expansion and job growth. Conversely, critics argue this poses a serious threat to local governance and the ability of communities to tailor their regulations according to specific local needs.

Summary

House Bill 2127, titled the Texas Regulatory Consistency Act, aims to standardize regulations across Texas by limiting the authority of local governments to create or enforce rules that conflict with state regulations. The bill was introduced to address concerns regarding a 'patchwork' of local regulations that, proponents argue, create complications for businesses operating in multiple jurisdictions. The overarching goal of the bill is to foster a more consistent regulatory environment, which its supporters believe will simplify compliance for business owners and stimulate economic growth throughout the state.

Sentiment

The reception of HB 2127 has been sharply divided along political lines. Supporters, primarily from the Republican party, view the legislation as an essential pro-business measure aimed at reducing bureaucratic hurdles and promoting economic stability. In contrast, opponents—including several Democratic legislators and advocacy groups—contend that the bill undermines democratic principles by stripping local governments of their regulatory authority. They fear that this could lead to a reduction in important community protections and an inability to address unique local issues, such as health and safety concerns.

Contention

A notable point of contention surrounding HB 2127 involves its impact on non-discrimination ordinances enacted by local governments. Some legislators and advocacy groups have raised concerns that the bill could preempt local protections against discrimination based on various characteristics, thus diminishing hard-fought civil rights. However, the bill's supporters, including its author, have stated that the legislation is designed to maintain local authority in these matters, an assertion that continues to be scrutinized by its opponents. Furthermore, significant debates during committee discussions revealed differing perspectives on the implications of state versus local authority, thereby highlighting a fundamental conflict in Texas governance.

Texas Constitutional Statutes Affected

Agriculture Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Finance Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Insurance Code

  • Chapter 30. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Labor Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Local Government Code

  • Chapter 229. Miscellaneous Regulatory Authority Of Municipalities
    • Section: 901
    • Section: 901
    • Section: 901
    • Section: 901
  • Chapter 51. General Powers Of Municipalities
    • Section: New Section

Natural Resources Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Occupations Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Property Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB814

Identical Relating to state preemption of certain municipal and county regulation.

Similar Bills

TX HB5203

Relating to state preemption of certain municipal and county regulation.

TX HB5612

Relating to state preemption of certain municipal and county regulation.

TX SB2858

Relating to state preemption of certain municipal and county regulation.

TX SB3016

Relating to state preemption of certain municipal and county regulation.

NV AB158

Revises provisions relating to jurisdiction. (BDR 2-845)

VA SB1309

Real estate brokers and salespersons; duties, licensees engaged by buyers.

TX HB5042

Relating to state preemption of and the effect of certain state health and safety laws on certain municipal and county regulations, including a law providing that an elephant is a dangerous wild animal.

OR HB2110

Relating to the authority of a political subdivision to impose income tax; prescribing an effective date.