New bills proposes added penalties to 'death star bill'

AUSTIN (Nexstar) — The Texas Senate committee for business & commerce heard bills aiming to further strengthen the state's ability to enact local governments to comply with enforcing laws consistent with the state on Tuesday.

Senate Bill 2858 and Senate Bill 3016 authored by Sen. Brandon Creighton, R – Conroe, builds off the Texas Regulatory Consistency Act, HB 2127, which passed in the 88th Texas Legislature. That bill prohibited local governments from creating laws that conflict or are already covered by state law in their local area. Opponents of HB 2127 dubbed this bill the "death star" bill.

The bill analysis for SB 2858 said it aims to address local governments that have "taken actions that openly defy state law" and help "restore uniformity and legal clarity" for "voters and law enforcement."

"Despite the [previous] legislation, it has become clear that some cities and counties are still ignoring state laws, and a stronger enforcement mechanism is needed," said Creighton in the business & commerce committee hearing. "Fear of reprisal, cost barriers and legal hurdles have shown that this method is simply not enough to keep some of these local governments in line."

Currently, the Texas Regulatory Consistency Act mainly allows lawsuits to be filed if a local government violates the act. SB 2858 and SB 3016 would add increased penalties if a local government does not comply with state law, such as withholding tax revenue or grant funding.

"This bill mostly provides an enforcement mechanism to what we previously accomplished with that legislation last session," Creighton said.

City of Georgetown Mayor Joshua Schroeder said he strongly opposes these bills, calling it the "Return of the Jedi Bill," which is in reference to how opponents labeled the Texas Regulatory Consistency Act the "death star bill."

"The overarching theme that we're most concerned about is the loss of local control and the taking of power and rights from our community," Schroeder said.

Schroeder had emphasized that the impact of the newer punishments in SB 2858 and SB 3016 would greatly impact his city.

"It's going to end up in raising property taxes," Schroeder said. "The cost of providing police, fire, water, wastewater and electricity doesn't go down, and so someone has to pay for those items."

Schroeder said that regardless of what happens with these bills, Georgetown's policy is to "follow state law always and forever" even if they "may complain about it."

SB 2858 and SB 3016 were left pending in committee on Tuesday.