PARTS OF PREEMPTION
local regulations for payday and auto-title lending. The bill was amended to allow payday ordinances adopted before 2023 to remain in place, but would still prevent cities from adopting new ordinances. The bill would also preempt local protections for work- ers, including those mandating breaks in the heart of summer. This is a concern for Rick Levy, president of the Texas AFL-CIO, a federation of labor unions rep- resenting 235,000 members in Texas. “There’s no question that what [they’re] doing will result in the ordinances in these cities being nullified, and so workers will actually lose the right to have a rest break in the middle of summer,” Levy said. Path to passage As of press time May 3, HB 2127 had passed in the Texas House of Representatives in a 92-56 vote and had been received by the Senate. Meanwhile SB 814 and SB 149 were both still pending in committee. The last day of the 2023 legislative session is May 29. Gov. Greg Abbott has come out in support of HB 2127. Norman said HB 2127 would still leave cities with the ability to regulate themselves in many other areas outside of the targeted ordinances. Worker protec- tions would also still exist under laws enforced by the Occupational Safety and Health Administration, he noted. However, Hany Khalil, executive director with the Texas Gulf Coast Area Labor Federation, said OSHA is underfunded and cannot be relied on to consis- tently oversee and enforce protections, which is where local protections can help fill gaps. Jones said groups opposed to the legislation have
KEY:
Preemption bills are usually written with specific terms, such as limiting local governance on ride-sharing or broadband internet. However, according to Bennett Sandlin, executive director of the Texas Municipal League, broadly written “super-preemption” bills have become more prevalent in recent years.
Failed Vetoed
In consideration
Passed/became law
HB 2127/SB 814 & SB 149 (as of May 3) HB 3899 SB 4
SB 620
Although the Texas Legislature is considering at least three super-preemption bills in the 2023 legislative session, this type of legislation has appeared in the state before.
Texas is not the only state where super-preemption bills have been floated.
Florida
Texas
In Florida, SB 620 —which would’ve enabled any business to sue cities and counties if it lost profits of more than 15% because of actions taken by local governance—was vetoed by Florida Gov. Ron DeSantis in 2022 for being too broad.
In 2017, Gov. Greg Abbott signed into law Senate Bill 4 , which essentially banned sanctuary cities in the state of Texas. House Bill 3899 , filed in 2019, would have limited the way cities regulate and enforce building construction for businesses that do business in multiple counties.
SOURCES: TEXAS MUNICIPAL LEAGUE, CITY OF HOUSTON, STATE OF FLORIDA/COMMUNITY IMPACT
two main options: continue fighting to get the bill killed, or accept that it is likely to pass and try to work with lawmakers to change concerning elements. Key to the conversation moving forward are efforts to allow cities to maintain their individuality based on what makes the most sense for them, San- dlin said. “Every city is different, and those differences are
actually strengths,” he said. “We shouldn’t try to make cities look alike just to supposedly attract more business. Texas is doing just fine attracting business, and it’s because of cities being unique and vibrant.”
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HEIGHTS - RIVER OAKS - MONTROSE EDITION • MAY 2023
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