San Antonio officials said July 24 the city filed a lawsuit against Texas to challenge the validity of House Bill 2127, which has been referred to as the Super Preemption Bill or “Death Star bill” by critics.
What happened
Local officials said the city filed the suit as an intervener in Houston’s suit to increase solidarity with other Texas cities they said are also facing confusion and uncertainty created by HB 2127, which is to go into effect Sept. 1.
Local opponents of the bill, passed by Texas lawmakers earlier in 2023, claimed it is an effort by state lawmakers to erode local control in especially larger Texas home-rule communities.
Proponents of HB 2127 said the legislation is designed to reduce the effect of what they called burdensome local regulations and ordinances impacting local businesses and ensure local laws remain consistent with state laws.
What they're saying
In San Antonio’s suit, city officials charge HB 2127 is an improper attempt by the Texas Legislature to rewrite the Texas Constitution, which gives San Antonio and other home-rule cities broad authority—with specific restrictions—to adopt ordinances to meet the unique needs of residents.
“The Texas Constitution gives home-rule cities the ability to create local ordinances, and lawmakers have overstepped their authority with House Bill 2127. We do not intend to meekly surrender our community’s right to self-govern,” Mayor Ron Nirenberg said in a statement. “City Council members—chosen by local voters—work with residents in their neighborhoods and understand their community’s needs and issues far more than lawmakers in Austin.”
City Attorney Andy Segovia said HB 2127 contains unconstitutionally vague language meant to strip power of self-government from home-rule cities.
"It essentially delegates any home-rule city’s power, in relation to multiple subject matters, to the courts. House Bill 2127’s vague language poses many more questions for cities than it answers," Segovia said in a statement.
District 10 Council Member Marc Whyte is the lone San Antonio elected representative to criticize the city’s suit against HB 2127.
Whyte called San Antonio’s litigation “short-sighted” and described the state legislation as a way to prevent Texas businesses from having to comply with different types of laws in every local jurisdiction. He also said HB 2127 has been praised by several business advocacy groups.
“We need to focus on issues we were elected to address such as homelessness, rising crime and the maintain our streets and sidewalks. These were top issues in a recent citizen survey of concerns,” Whyte said in a statement. “Lawsuits like the one announced today do nothing to help relationships with our other government entities such as the state, regardless of the outcome.”
