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