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HB 2127 Attack on Home Rule Gets the Boot by Judge Gamble; it ain't over yet!

Updated: Sep 4, 2023

Photo of Houston Legal Team, HG 2127
Houston Legal Team L to R: Suzanne Chauvin, Coilyn Peddie (Lead) and Lydia Zinkham with LIV's Linda Curtis

Houston, San Antonio, El Paso, Plano, Arlington, Waco, Denton, and other cities that were represented by the International Municipal Lawyers Association, the non-profit Local Progress, and the League of Independent Voters (LIV) challenged the Texas Regulatory Consistency Act -- HB 2127 – the super-preemption bill, aka the “Death Star” bill.

We – the plaintiffs and friends -- won a big first round in court. Judge Maya Guerra Gamble of the 459th Civil District Court ruled from the bench, immediately ruling HB 2127 unconstitutional. She stated in her order:

the Court Declares House Bill 2127 in its entirety is unconstitutional facially, and as applied to Houston as a constitutional home rule city and to local laws that are not already preempted under article XI, section 5 of the Texas Constitution…” See the order here.

Don't be a Fool for HB 2127 Attack on Home Rule

The case was immediately appealed by the State of Texas to the Third Circuit Court of Appeals. It is expected to go to the Texas Supreme Court. Your tax dollars at work, NOT!

LIV joined hands with those defending local control, which is supported by most Texans regardless of party or political ideology. See our amicus letter here.

The immediate response from the disagreeable Rep. Dustin Burrows (R-Lubbock) was not surprisingly insulting to the judicial process:

"The judgment today by a Democrat Travis County District Judge is not worth the paper it’s printed on." (Sidenote: wait, who's jackass here?)

If your state representative or senator is a Republican, they likely voted for the turkey HB 2127 out of party loyalty. See the Record Vote here in the Texas House and here in the Texas Senate. Thanks to East Texas Republican Senator Robert Nichols, who was the lone Republican Senator who voted no, for some common sense.

Note: The filing deadline for candidates to run for office in 2024 is December 11. There are many open seats, folks. We need some people with common sense, who refuse to be a fool for one-party rule, to run for office.

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