DALLAS — Following two years since Texas lawmakers implemented a comprehensive legislation designed to reduce the power of the state’s metropolitan regions, Republican legislators have again pushed forward with proposals meant to prevent municipal administrations from embracing liberal policies.
Republicans in the Texas Legislature want to give the state the authority to effectively torpedo cities’ budgets if they pursue local rules that might conflict with state law — intended to deter them from adopting left-leaning ideas in the first place. GOP legislators have targeted financial assistance programs for needy families, measures to
reduce greenhouse gas emissions
and initiatives to
foster variety, fairness, and belonging
. They’ve sought to overturn moves in cities like Austin and Dallas to
decriminalize possession of small amounts of marijuana
. No issue is too small. Some Republicans even want to make it harder for cities to install bike and bus lanes.
The slate of bills marks the latest front in Texas Republicans’ decade-long crusade to erode the power of local officials in the state’s major urban areas, who often are Democrats. In that time, the GOP-controlled Legislature forbade cities from regulating oil and gas drilling, requiring landlords to accept federal housing vouchers and from cutting their police budgets without going to voters. Conservatives have often couched those moves as ways to relieve the burden they say those regulations place on businesses and stop the proliferation of progressive policies.
Some view the Republicans' efforts to limit the policies that local governments can implement as hindering the capacity of local authorities to tackle community-specific issues.
It stands as the opposite of conservative, lowercase 'c', governance, where the idea is that local governments should represent the people," explained Steven Pedigo, who leads the University of Texas at Austin’s LBJ Urban Lab, an organization concentrating on urban policies. "The structure of Texas does not favor top-down governmental approaches.
As the state expands, it encounters growing obstacles across multiple areas such as transportation, workforce training, and water systems. Addressing these issues will demand strong cooperation between state and local officials, according to Pedigo. Such coordination cannot occur amidst ongoing disputes about local governance, he noted.
"If you constantly argue over who gets a slice of the pie and who sits at the table, you're not really addressing the problems," Pedigo stated.
Republicans’ yearslong push against localities reached a new level in 2023 when legislators
implemented an extensive legislation nicknamed the "Death Star" bill
— Which legislators aim to expand on this during the current legislative session? The new law prohibits municipalities and counties from establishing more stringent local ordinances beyond those permitted by statewide laws, and allows citizens to take legal action against these entities if they perceive an excess of authority. Governor Greg Abbott and various business advocacy organizations had been advocating for such legislation, asserting that it was essential to reverse municipal regulations detrimental to entrepreneurs and obstructive to Texas’ economic progress.
Critics of the legislation contended that it eliminated regional worker safeguards and complicated municipalities' ability to address routine issues such as loud noises, along with various other restrictions. Although the law is currently enforced, several towns have contested its legality in judicial proceedings.
Meanwhile, Republican legislators during this legislative period have been looking for methods to expand that law and increase penalties for communities that try to ignore it. Last week, the Texas Senate passed an approval on this matter.
Senate Bill 2858
—which would broaden the scope of state laws beyond what local jurisdictions could surpass, permit the state attorney general to take legal action against municipalities and counties for possible infractions of these laws, and aim to penalise them financially.
The state would halt all sales tax and property tax revenues generated within that locality throughout the period of the attorney general’s legal action. Should the state win this case, the affected city or county could suffer considerable financial damage over time. The locality not only stands to miss out on potential sales taxes they might typically gather during litigation but also will be constrained from increasing annual property tax collections by more than usual for an ensuing five-year span post-trial defeat.
These actions could "impose financial constraints on Texas cities, limiting their ability to serve their communities," Monty Wynn, who speaks for the Texas Municipal League—a lobby organization representing numerous Texas cities—wrote to legislators in April. He stated that this legislation would essentially permit the attorney general to function akin to an additional city council member statewide and enact laws at the local level.
Local officials might opt to rescind regulations that are currently lawful to dodge the excessive financial burdens placed on taxpayers due to these bills," Wynn stated. "This could lead to a subsequent attorney general imposing local rules via the looming specter of legal action.
State Senator Brandon Creighton, a Republican from Conroe who wrote the legislation, stated on Wednesday during the senate debate that these provisions are essential to prevent municipalities and counties from exceeding their authority.
We aim to ensure that our local jurisdictions adhere to the (Texas) Constitution," Creighton stated. "The Constitution clearly mandates that local governments must comply with both state laws and the Constitution.
Senate Democrats rejected the plan, especially the hold placed on local governments' sales tax income until a judicial decision was made.
"This serves as a punishment even before proving guilt," stated State Senator Sarah Eckhardt, an Austin Democratic member and ex-Travis County judge who also held the position of the county’s top administrator.
Creighton objected. He pointed out that the legislation mandates that trials must be conducted within 90 days under these circumstances, allowing municipalities to rescind the contentious policies during this period. Should the municipality win the legal challenge, they would recover both the lost sales tax along with accrued interest, according to Creighton.
The legislation passed the Senate with a 19-12 vote and will now move on to the Texas House.
Targeting specific programs
This year, Republican legislators have focused on particular local projects. A senate bill has been passed to prevent towns and regions from establishing guaranteed income schemes, which offer periodic financial support to underprivileged families. In recent times, various areas throughout the nation—including Austin, San Antonio, and El Paso County—have tested these initiatives to assist struggling households cope with high living expenses and rising prices.
Officials in Harris County planned to establish their own guaranteed income initiative. This project intended to utilize $20.5 million from federal COVID-19 relief money to provide each month unconditional cash transfers of $500 to approximately 1,900 households residing in the area’s most economically disadvantaged districts. The scheme was scheduled to run for roughly 18 months.
Conservatives
blasted the program
As an unjust distribution of public funds. Attorney General Ken Paxton managed to
took legal action against the county to stop them from making payments to those families
. The Senate approved
Senate Bill 2010
, the legislation banning these programs was passed earlier this month.
“Public funds should advance public interests, not be handed out as blank checks in politically motivated pilot projects,” state Sen. Paul Bettencourt, a Houston Republican who authored the bill, said in a statement after the bill passed. “This bill defends taxpayers and reinforces our Constitution's limits on government giveaways.”
Supporters of guaranteed income initiatives highlight improved outcomes for recipients of direct financial assistance. Participants in a guaranteed income trial in Austin, which resumed operations last year, were given $1,000 monthly for twelve months. This money enabled numerous participants to settle their overdue rents.
Institute of Urban Affairs assessment of the initiative
discovered. After ceasing to receive financial aid, their earnings still went up, and according to the survey, 30% of those who received help mentioned securing improved employment or getting a raise.
Why would we take away tools that can assist individuals from local toolboxes at the state level?" asked State Senator Molly Cook, a Democratic representative from Houston. "Guaranteed income programs have proven effective.
Republicans have also set their sights on cities’ moves to reduce the number of travel lanes for cars on some roads to reduce congestion and allow room on those roadways for dedicated lanes for bicycles and buses. Some GOP lawmakers have blamed those policies in part for a perceived increase in car congestion, but studies show reducing car lanes can decrease traffic and improve road safety.
A proposal put forward by state Representative Giovanni Capriglione from Southlake, who belongs to the Republican party, would essentially result in it becoming
harder for urban areas to reduce the width or quantity of car lanes
To make room for alternative transit options such as bicycles and buses without having a thorough public engagement process and informing the Texas Department of Transportation can lead to consequences. Should a city skip this procedure and proceed with narrowing traffic lanes, they might risk losing funding for affordable housing.
"We require increased capacity for drivers, not decreased," Capriglione stated to the House Transportation Committee on Tuesday.
Lauren Prieur, who leads Fort Worth’s transportation and public works department, informed the legislators that the bill would limit the city's ability to use "essential tools for handling our urban expansion."
We appreciate the aim of this House bill to promote transparency and alleviate congestion," Prieur stated. "Nevertheless, we feel it could be more effectively balanced with the city’s requirement for adaptability.
Various initiatives during this legislative session target local regulations that dictate the types of dwellings permitted and their locations within cities. Legislators aim to boost construction as a means to address the state’s housing affordability issue.
easing up on some of those regulations
By simplifying the process for housing developers to acquire city construction permits, these proposals aim to alleviate California’s housing issues. Nonetheless, several municipalities view this move as an infringement upon their jurisdiction.
In a singular instance where Republican legislators concur with local administrations, a proposed legislation aims to diminish residents' ability to contest rezoning decisions. This measure could provide shelter for city councils looking to implement extensive alterations aimed at permitting increased housing developments. It’s anticipated that the Texas House will soon cast their votes on this proposition.
House Bill 24
, Monday.
Disclosure: The Texas Municipal League and the University of Texas at Austin have provided financial support to The Texas Tribune, a nonprofit, nonpartisan news organization supported partly through donations from members, foundations, and corporations. However, these financial backers do not influence the Tribune’s journalistic work. For more details, please see their full list.
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