Keith Mack
Texas counties can pass laws, but their authority to do so is restricted by the state government. The Texas Regulatory Consistency Act, also known as The Texas Death Star Bill, mandates that local governments cannot pass ordinances outside of state law in various areas, including agriculture, finance, labor, natural resources, and the environment. This Act represents a significant shift in the relationship between the Texas Legislature and local governments, with supporters arguing that it relieves businesses from navigating complex regulatory schemes and critics countering that it undermines local control and innovation. While Texas counties can still exercise power granted by the Texas Constitution, their ability to pass laws is now more limited.
| Characteristics | Values |
|---|---|
| Counties can pass laws | True, but only if they are not inconsistent with the Texas Constitution |
| Counties can pass ordinances | False, since the Texas Regulatory Consistency Act prevents counties from passing ordinances that are outside of state law |
| Counties can create hospital districts | True, but only if the county has a population of more than 190,000 or is in Galveston County |
| Counties can remove county seats | True, but only if the new location is within five miles of the geographical center of the county and approved by two-thirds of voters |
| Counties can enter into interlocal contracts with other counties | True, since the Texas Constitution allows this |
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What You'll Learn
The Texas Regulatory Consistency Act
The act's supporters argue that it will provide relief to businesses and entrepreneurs from the burden of navigating overlapping regulatory schemes. However, critics counter that it will corrode local control and stifle innovation at the city and county levels. The act has been referred to by critics as the "Death Star Bill," as it would seemingly nullify any local employment law that conflicted with or exceeded state law.
Despite the legal challenges, the Texas Regulatory Consistency Act represents a significant shift in the relationship between the Texas Legislature and local governments. It remains to be seen what the full implications of the act will be, but it is clear that it will have a substantial impact on the regulatory landscape in Texas.
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Local governments cannot pass ordinances outside of state law
The Texas Regulatory Consistency Act (HB 2127) was signed into law by Governor Greg Abbott on June 13, 2023, and will come into effect on September 1, 2023. The Act stipulates that local governments cannot pass ordinances, orders, or rules that exceed or conflict with Texas state codes, unless expressly permitted by another statute. This represents a significant shift in the dynamic between the Texas Legislature and local governments, as it strips Texas cities and counties of their authority to enact local ordinances independently.
The Act includes a broad preemption clause that forbids local regulation in multiple areas, including agriculture, finance, labor, natural resources, the environment, occupations, business and commerce, insurance, local government code, and property. This means that local governments cannot pass laws in these areas unless the state has first preempted the statutes. The doctrine of preemption allows higher levels of government to restrict or prevent self-regulation by lower-level governments. In this case, the state of Texas is using preemption to limit the legislative power of cities, counties, and other municipalities.
Supporters of the Act argue that it will reduce the regulatory burden on businesses and entrepreneurs, who currently have to navigate overlapping regulatory schemes when expanding into different counties. They believe that the Act will create consistency across the state and promote business growth. Additionally, the Act gives special attention to employment law practices, preempting local ordinances related to "employment leave, hiring practices, breaks, employment benefits, scheduling practices, and any other terms of employment that exceed or conflict with federal or state law."
Critics of the Act counter that it will undermine the achievements of local governments in areas such as minimum wage laws, labor protections, and food programs. They argue that it will remove protections for workers and tenants in bigger cities like Austin, Dallas, and Houston, and that it will harm local control and innovation. The Act has been dubbed the "Texas Death Star Bill" by some, indicating the level of concern over the impact on local autonomy.
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Counties can exercise power given by the Texas Constitution
The Constitution of the State of Texas establishes the structure and function of the government of the U.S. state of Texas and outlines the basic rights of its citizens. Texas operates under Dustin's Rule, which means that counties and non-school special districts are not granted home rule privileges, while cities and school districts have limited privileges.
Counties in Texas can exercise power given to them by the Texas Constitution. For example, the Texas Constitution grants counties the power to implement, enforce, and administer the provisions contained in the Constitution. This includes the ability to pass laws regulating the removal of county seats, with certain restrictions in place. The Constitution also outlines the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, and District, County, and Commissioners Courts, as well as the Justice of the Peace Courts.
The Texas Constitution also addresses the creation and funding of hospital districts in certain counties, such as Amarillo, Wichita County, and Jefferson County. It allows for the levying of taxes to support these hospital districts, with specific limitations on tax rates and approval requirements. Additionally, the Constitution provides for the construction of jails, courthouses, bridges, and county roads, as well as the management of county funds and investments.
Furthermore, the Texas Constitution includes provisions that protect the rights of citizens. For instance, it prohibits the garnishment of wages, except for spousal maintenance and child support payments. It also protects homestead rights, preventing the forced sale of a homestead to pay off debts, except under certain circumstances. The Constitution also ensures the separation of powers, as seen in the case of the Harris County Juvenile Probation Department, where the grant of deferred prosecution authority did not infringe on the district attorney's criminal jurisdiction.
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The Legislature can enact laws for counties to enforce
In Texas, the Legislature has the power to enact laws that counties must enforce. This is outlined in the Texas Constitution, Article 9, which states that the Legislature may enact any laws necessary for counties to implement, enforce, and administer the provisions within this section.
For example, the Legislature may authorize the creation of county-wide Hospital Districts in counties with a population of more than 190,000. These Hospital Districts have the power to issue bonds for the purchase, acquisition, construction, maintenance, and operation of county-owned hospitals. The Legislature can also pass laws regulating the removal of county seats, with certain restrictions in place to protect the interests of voters.
In addition, the Texas Constitution, Article 11, outlines the role of the Legislature in aiding Counties and Cities on the Gulf Coast that are subject to calamitous overflows. The Legislature is authorized to assist in the construction of Sea Walls or Breakwaters through donations of public domain, with the amount of aid proportionate to the extent and value of the works constructed.
Furthermore, the Legislature plays an active role in debating and passing bills that directly impact Texas counties. For instance, HB 503 aims to expand eligibility for rural law enforcement grants to counties with a population below 400,000. The Texas Legislature also debates and passes bills related to criminal justice, such as HB 1644, which seeks to legalize fentanyl strips, and SB 1234, which relates to committing criminal offenses that endanger certain vulnerable individuals.
Overall, the Legislature in Texas has the authority to enact laws that counties must enforce, as outlined in the Texas Constitution and through the active legislative process of debating and passing bills.
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Bills are scheduled for debate on the House floor
In Texas, the Legislature has the authority to enact laws and make decisions on various matters, including those related to counties. While counties themselves don't seem to have the power to pass laws, the Legislature can delegate certain responsibilities and grant specific powers to them.
Now, regarding the process of law-making in Texas, once a bill is scheduled for debate on the House floor, it undergoes several stages of discussion, amendment, and voting. Here's an overview:
- Committee Hearings and Public Hearings: Before a bill reaches the House floor, it typically goes through committee hearings. In the Texas Senate, hearings are mandatory for a bill to advance, but this is not the case in the House. During these hearings, committees review and discuss the bill, and the public may also be involved in expressing their opinions.
- Floor Debates: When a bill is scheduled for debate on the House floor, it is discussed and debated by the representatives. This is where the details of the bill are scrutinized, and amendments may be proposed and voted on. The bill's supporters and opponents present their arguments, and the House members can ask questions and seek clarification.
- Witness Lists and Public Comments: During the floor debate, witness lists and public comments may be considered. The Texas House has an online portal where the public can submit written comments regarding a bill up for hearing. These comments are available on various websites, including the Texas House of Representatives site.
- Voting and Passage: After the debate, the House members vote on the bill. Depending on the type of bill and the amendments proposed, different voting procedures may be followed. In some cases, a simple majority is required, while in other cases, a two-thirds majority or a specific number of votes may be necessary.
- Senate Consideration: If a bill passes the House, it then moves to the Senate for consideration. The Senate has its own procedures for debating, amending, and voting on bills.
- Reconciliation and Final Passage: If the Senate makes any amendments to the bill, it may return to the House for further consideration and voting on those amendments. Once both chambers agree on the final version of the bill, it is sent to the Governor for approval.
- Governor's Approval and Enactment: The Governor has the power to sign the bill into law, allow it to become law without a signature, or veto it. If vetoed, the bill is sent back to the Legislature, and they can attempt to override the veto with a two-thirds majority vote in both chambers.
This process ensures that bills are thoroughly discussed, amended when necessary, and voted on by the representatives of the people of Texas. It is a critical part of the legislative process and helps shape the laws that govern the state.
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Frequently asked questions
No. The Texas Regulatory Consistency Act, also known as "The Texas Death Star Bill", prevents counties from passing ordinances, orders, or rules that exceed or conflict with Texas state codes.
The Act's goal is to set a "one-for-all regulation" across the state, removing the autonomy of local governments and communities that vote for certain laws and ordinances.
Texas counties cannot pass laws that are outside of state law in areas such as agriculture, finance, labor, natural resources, the environment, occupations, business and commerce, insurance, local government code, and property.
Supporters of the Act argue that it protects businesses from the burden of navigating overlapping regulatory schemes when expanding across the state. Critics argue that the Act will corrode local control and chill innovation at the city and county levels.
