STATE:

Why NFIB

Take Action

Get Support

Stay Informed

Podcast Podcast

Careers Careers

Join Now

Home / News /

NFIB Texas Will Continue Defending Constitutionality of Texas Regulatory Consistency Act

August 30, 2023

NFIB Texas issues statement on Travis County District Court’s ruling on Houston’s meritless attempt to block the Texas Regulatory Consistency Act

NFIB Texas Will Continue Defending Constitutionality of Texas Regulatory Consistency Act

AUSTIN (Aug. 30, 2023) – Following the Travis County Court’s decision against the Texas Regulatory Consistency Act (HB 2127), NFIB State Director Annie Spilman said: “We strongly disagree with the Court’s abrupt decision in this case and remain confident the courts will uphold the constitutionality of the Texas Regulatory Consistency Act. This Friday, on the effective date, Texans should avail themselves of their rights under this new law. “The Texas Constitution makes perfectly clear that the Texas Legislature can preempt local ordinances. Mere opposition to the scope of the law, does not make the law unconstitutional. Moreover, under the law, cities retain their authority to address local concerns, there is no financial incentive to file a lawsuit, and if a court finds that an ordinance runs afoul with the law, the ordinance is simply enjoined. “Instead of filing frivolous lawsuits against the State and trying to regulate small businesses out of existence, local officials should focus on addressing the concerns of their constituents. “We hope the State will swiftly appeal this decision. We will continue defending our members, small business owners, and the Texas Regulatory Consistency Act against these meritless attacks.” Background: 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). CLICK HERE to view the amicus brief. The Texas Regulatory Consistency Act was signed into law by Governor Abbott in June. The House approved the bill on a bipartisan basis in April, before the bill advanced out of the Senate in May. Despite the misleading claims from some local officials, cities and counties retain their authority to address local concerns. READ: FACT CHECK: Patchwork of Regulations Threatens Texas Small Business Owners

Topics:

Regulations

State:

Texas

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More

July 15, 2026

NFIB Member Michael Kane of Massachusetts Published an Op-Ed Urging Federal Legislators to Repeal the Beneficial Ownership Information (BOI) Reporting Mandate

Boston Herald op-ed: “DC should stand up for small business’ privacy.”

Open office scene with two workers at desks and large computer monitors, a man stands by a kitchen railing in the background.

July 15, 2026

State Policies Impacting Small Businesses

States considered small business measures during the 2026 legislative sessions, including taxes, minimum wage, extreme heat standards, IRC conformity, and tort…

July 15, 2026

Small Business Works to Stop Unnecessary Heat Standard

Efforts to finalize the OSHA Heat Standard are ongoing, which would add burdensome mandates when temperatures reach 80 degrees. Take action to stop this from m…

July 15, 2026

NFIB’s Josh McLeod Joins Radio Show in Milwaukee, Wisconsin to Give Update on Efforts to Repeal BOI Reporting Mandate

Main Street continues urging Congress to help Wisconsin small businesses by repealing the invasive law

NFIB Texas Will Continue Defending Constitutionality of Texas Regulatory Consistency Act

Related Articles