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FACT CHECK: Local Control Is Alive and Well in Texas

March 27, 2023

Dispelling the myths and falsehoods surrounding the Texas Regulatory Consistency Act (HB 2127)

FACT CHECK: Local Control Is Alive and Well in Texas

AUSTIN (March 27, 2023) – City officials and prominent interest groups continue to mislead the public and the members of the media on the provisions of the Texas Regulatory Consistency Act (HB 2127). The Dallas Morning News editorial board recently echoed these falsehoods. Here are the facts: FALSE CLAIM: Cities won’t be able to address overgrown lots. FACT: Under HB 2127, cities and counties retain their authority to address overgrown lots through public safety, zoning, and other regulatory powers that are expressly granted by statute. Furthermore, HB 2127 empowers “home-rule” cities to provide the same services and enforce the same regulations of “general law” cities. FALSE CLAIM: Cities won’t be able to regulate payday and auto-title lending. FACT: The HB 2127 bill text includes language that explicitly authorizes cities to enforce or maintain regulations related to payday and auto-title lending. FALSE CLAIM: Cities won’t be able to bar employment discrimination. FACT: Federal law prohibits discrimination against LGBT employees. The Texas Labor Code (Sec. 21.151) grants cities and counties the power to prohibit discrimination against LGBT employees. These protections are maintained under HB 2127. FALSE CLAIM: Cities won’t be able to limit door-to-door sales. FACT: Under HB 2127, cities and counties retain their authority to address door-to-door sales through public safety, zoning, and other regulatory powers that are expressly granted by statute. FALSE CLAIM: Cities won’t be able to limit uncontrolled burns. FACT: Under HB 2127, cities and counties retain their express authority to address fireworks, outdoor burning, and other fire suppression topics.

See Local Government Code Chapters 342 and 352.

FALSE CLAIM: Cities won’t be able to limit unsafe waste storage. FACT: Under HB 2127, cities and counties retain their authority to address solid waste, toxic chemicals, sewage, litter and water (including storage of).

See Health and Safety Code, Chapter 361.

CLICK HERE for a comprehensive fact-check on HB 2127. Background: Introduced by Rep. Dustin Burrows (R-Lubbock) and Sen. Brandon Creighton (R-Conroe), HB 2127 would give small business owners one set of rules to follow statewide. NFIB is a member of The Alliance for Securing and Strengthening the Economy in Texas (ASSET), a coalition of business organizations, formed to advance policies that foster economic growth and allow the free market to operate without heavy government interference in business decisions. Other partner organizations include: Associated Builders and Contractors, Inc. of Texas, Texas Association of Business, Texas Travel Alliance, Texas Osteopathic Medical Association, American Staffing Association, Texas Construction Association, Texas Restaurant Association, The Associated General Contracts of America — Texas Building Branch, Texas Association of Builders, Texas Retailers Association, Central Texas Subcontractors Association, Texas Apartment Association, Society for Human Resource Management Texas State Council, Texas Food & Fuel Association, Texas Hotel & Lodging Association, Real Estate Councils of Texas, Hispanic Contractors Association De Tejas, and Texas Nursery & Landscape Association. CLICK HERE for a comprehensive fact-check on HB 2127.

Topics:

Regulations

State:

Texas

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