Judge shoots down Texas Republicans’ ‘Death Star’ bill as unconstitutional

Texas’ so-called “Death Star Bill,” a sweeping new law that would override municipalities’ power to make their own business regulations, has been ruled unconstitutional by a district judge in Austin.

On Wednesday, State District Judge Maya Guerra Gamble ruled that HB 2171 — a centerpiece of Republicans’ agenda during the last session of the Texas Legislature — “in its entirety is unconstitutional, void, and unenforceable.” It had been scheduled to take effect Friday.

Texas is expected to appeal the ruling. HB 2171 passed with the support of Gov. Greg Abbott and other high-ranking Republican state officials.

The law, largely viewed as a bid by GOP leaders to punish Texas’ Democrat-controlled cities, would ban municipalities from passing policies such as mandated water breaks for outside workers or paid sick leave. Under HB 2171, cities and counties would only be able to craft business regulations that go no further than those already enacted at the state level.

The City of Houston this summer sued to stop the law from taking effect, and San Antonio and El Paso quickly joined in. San Antonio elected officials blasted HB 2171 as vague and punitive, warning that it would unleash a torrent of lawsuits as businesses try to challenge any local ordinance they find objectionable.

“This is a win for democracy,” San Antonio Mayor Ron Nirenberg said in an emailed statement. “The ruling is a critical step toward ensuring Texas cities and their respective residents maintain their ability to govern themselves.”

After the law’s passage, San Antonio city leaders pulled back on a proposed water break rule for outside workers, saying HB 2171 would prevent it from standing up in court.

Stay tuned. More legal wrangling dead ahead.

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This article appears in Aug 23 – Sep 5, 2023.