Political Tug of War: Texas Legislature Attempts to Limit the Legislative Rights of Municipalities
New law restricts municipalities from legislating labor and employment rights.
June 28, 2023 at 04:50 PM
4 minute read
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."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJoining Effort to Beat Down NLRB, Amazon Suit Calls Agency's Administrative Process 'Constitutional Infirmity'
3 minute readLaw Firms Mentioned
Trending Stories
- 1Morgan Lewis Says Global Clients Are Noticing ‘Expanded Capacity’ After Kramer Merger in Paris
- 2'Reverse Robin Hood': Capital One Swarmed With Class Actions Alleging Theft of Influencer Commissions in January
- 3Hawaii wildfire victims spared from testifying after last-minute deal over $4B settlement
- 4How We Won It: Latham Secures Back-to-Back ITC Patent Wins for California Companies
- 5Meta agrees to pay $25 million to settle lawsuit from Trump after Jan. 6 suspension
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250