Texas: Greg Abbott's 'Law That Kills' Judged To Be Unconstitutional
Texas Governor Greg Abbott, a Republican, signed a bill into law in June that aimed to restrict the ability of cities to pass certain local ordinances.
The move was widely interpreted as an attempt to limit the influence of Democratic-led cities in the state, according to Insider.
Governor Greg Abbott, along with business lobbying groups such as the National Federation of Independent Business, had advocated for this law, citing concerns about the proliferation of local regulations that they claimed put excessive burdens on businesses.
However, this law has now been ruled unconstitutional by District Judge Maya Guerra Gamble of Texas following a lawsuit filed by the city of Houston.
The law in question, known as HB 2127, faced opposition from various quarters, including Houston and other home-rule cities in Texas.
Critics argued that it represented a power grab by the state legislature and an unwarranted intrusion into the local powers granted to cities by the Texas Constitution.
Mayor Sylvester Turner of Houston expressed satisfaction with the court's decision, stating that the law was an unconstitutional encroachment on the autonomy of Texas cities.
Meanwhile, the Office of the Attorney General has appealed the decision made by District Judge Maya Guerra Gamble that declared the law unconstitutional.
Paige Willey, the director of communications for the office, said the judge's ruling did not halt the enforcement of the law by individuals affected by local ordinances that the law preempts.
The Office of the Attorney General believes the ruling is incorrect and has immediately initiated an appeal, preventing the court's declaration from taking effect until the appeal process is completed.
As a result, the law in question, HB 2127, is expected to go into effect on September 1 as originally scheduled.
The law's restrictions extended to the point where it prohibited local ordinances that required measures such as providing water breaks for construction workers.
This led to the law being colloquially referred to as "the law that kills."
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Case Will Be Submitted to Texas Supreme Court Led by Republicans
The district judge's ruling will now move to the Texas Supreme Court, which comprises Republican judges, AP reports.
The law was passed by Republicans in the GOP-controlled legislature despite strong opposition from Democrats, labor groups, and city leaders.
Proponents of the law argued that it was necessary to maintain Texas' reputation as a business-friendly environment and to reduce the complexity arising from varying city ordinances.
On the other hand, critics contended that the law's impact was unclear and pointed out specific concerns, such as the elimination of water breaks for outdoor workers during extreme heat.
Governor Greg Abbott, a Republican, defended the law on social media shortly before the ruling was announced.
He emphasized the importance of supporting small businesses and reducing burdensome regulations.
Houston, San Antonio, El Paso Sue Texas
Local officials strongly opposed the law's passage earlier this year, criticizing it as an extensive, ambiguous, and potentially unconstitutional expansion of state power.
They expressed concerns that the law could hinder their ability to address local needs and disrupt established state operations.
Houston took legal action in response to the law and was later joined by San Antonio and El Paso in a lawsuit against the state last month, per KSAT.
The lawsuit alleged that the law contradicted a section of the state constitution that grants cities the authority to establish their own ordinances.
During a court hearing, the state's lawyers argued that such a law falls within the state's jurisdiction. However, the judge ultimately sided with the cities and ruled that the law was unconstitutional.
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This article is owned by Latin Post.
Written by: Bert Hoover
WATCH: Texas Gov. Greg Abbott signs law getting rid of #water breaks - From MSNBC
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