Texas bill penalizing cities and counties for progressive policies misses House deadline

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A proposal to expand a sweeping state law aimed at stopping Texas cities and counties from adopting progressive policies died Tuesday.

Senate Bill 2858 would have given the Texas attorney general the power to sue cities and counties and blow huge holes in their budgets if they adopt local rules the state believes go further than what’s allowed under broad swaths of state law.

The bill missed a key legislative deadline Tuesday night and died before it could come up for a vote in the Texas House.

SB 2858 sought to build on an expansive state law, dubbed the “Death Star” bill by opponents, that aimed to erode the authority of local officials in the state’s urban areas with the aim of stopping them from enacting left-leaning policies — the culmination of a decade-long push by GOP state lawmakers to curtail cities’ ability to make policies that advance the progressive agenda or place undue burdens on businesses. The law, passed two years ago, made it illegal for localities to create laws that exceed certain broad areas of state law.

Opponents of the law argued it made dealing with day-to-day matters like excessive noise more difficult for localities while laying waste to local labor protections and other policies. A group of cities has challenged the law’s constitutionality in court, but the law is in effect.

SB 2858 by state Sen. Brandon Creighton, R-Conroe, would have expanded the areas of state law localities couldn’t exceed. It also would’ve given the Texas attorney general the power to sue cities and counties for potential violations of the law. The state would freeze that city or county’s sales and property tax revenue, effectively nuking their budget, for as long as the lawsuit lasts.

Republican lawmakers argued such measures are necessary to make sure cities and counties are complying with the law.

Local leaders and Democratic lawmakers argued the bill would have devastating financial impacts on cities and counties and a chilling effect on localities’ ability to serve residents.

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