House Votes To Stop ‘Patchwork’ Of Local Ordinances
Report from The Texas Scorecard
Legislation that would roll back a “patchwork” of county and municipal ordinances in multiple areas of policy passed the Texas House this week. Darrell Frost explains what lawmakers are trying to do.
The Texas Regulatory Consistency Act essentially repeals any local ordinance that conflicts with state law and prohibits any attempt to enact or enforce such an ordinance. The legislation, which passed the House by a vote of 92-55, allows those harmed by such ordinances to sue the governmental entity – though only for injunctive relief and the recovery of attorney fees but not damages.
The legislation’s author, State Rep. Dustin Burrows (R-Lubbock), told his colleagues that businesses in Texas currently have to “navigate a Byzantine array of local regulations that twist and turn every time they cross a city limit sign.”
For those who argued that the measure violates cities’ “autonomy,” Burrows noted cities “are a creation of the state and enshrined in the Texas Constitution” and therefore exist under state law and not independent of it. Cities and counties would still be able to enact ordinances regarding anything the state doesn’t regulate.
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