NFIB Texas Joins Amicus Brief in Support of Texas Regulatory Consistency Act

Date: August 28, 2023

Brief supports the State of Texas’s motion to dismiss and the Texas Legislature’s prerogative to preempt local ordinances.

AUSTIN (Aug. 28, 2023) – NFIB Texas, a member of the Alliance for Securing and Strengthening the Economy in Texas (ASSET), joined the business coalition in filing an amicus brief in the case City of Houston vs. The State of Texas. The brief supports the State of Texas’s motion to dismiss and the Texas Legislature’s prerogative to preempt local ordinances as expressed in the Texas Regulatory Consistency Act (HB 2127).

Following the brief filing, NFIB State Director Annie Spilman said:

“Small businesses face many challenges and costs in complying with a continuously shifting sea of regulation at the hands of thousands of potential regulators. For the past five years, small business owners across the state have watched their local governments step outside their lane. In doing so, local officials have passed duplicative and onerous mandates that if enforced, would shut small businesses’ doors for good.

“Despite the Texas Legislature’s historic precedent as the exclusive regulator of many aspects of commerce and trade, politically motivated organizations are attempting to block simple and straightforward legislation that makes it easier for local job creators to comply with the law.

“This case is procedurally improper, invalid, and meritless. We will continue to defend the Texas Regulatory Consistency Act, our members, and Main Street businesses against these attacks.”

CLICK HERE to view the amicus brief.


The Texas Regulatory Consistency Act was approved by the House on a bipartisan basis in April, before passing the Senate in May. NFIB and local job creators testified before both the House and Senate in support of the bill, with one NFIB member saying: “We need the protection of the state, when it comes to cities telling us how to run our businesses.”

READ: FACT CHECK: Patchwork of Regulations Threatens Texas Small Business Owners

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