Jay M. Wallace, left, and Laura K. Lavernia, right, of Bell Nunnally. Courtesy photos
As part of the ongoing skirmish between the Texas Legislature and the state’s major cities and counties, on May 24, the Legislature sent a bill, HB 2127, to Gov. Greg Abbott that would significantly restrict the rights of Texas’ municipalities to pass legislation or rules at variance with state law. The bill was signed June 14 and has an effective date of Sept. 1. This law targets the ability of cities and counties to impose their rulemaking authority on matters which the state already regulates, such as labor and employment, business and commerce, insurance, natural resources, and property rights.
On labor and employment matters, the law now states in sweeping fashion that, “Unless expressly authorized by another statue, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.” This law not only prohibits any covered regulation, but also overturns any existing regulation that conflicts. The bill specifically identifies the Texas Labor Code as a statute that has exclusive jurisdiction over the rights of the state’s employees such that a municipality risks civil liability for legislating those rights within its jurisdiction in a manner that “exceeds or conflicts with federal or state law.”
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