Texas GOP legislators could potentially impose financial constraints on cities that fail to adhere to their stipulations.
ROCKIN' TEXAS: The Renewed Struggle for Local Power
DALLAS – For two years now, Texan GOP legislators have been on a mission to curb the authority of its urban communities. They're giving the state the power to veto city budgets if local rules violate state law – aiming to prevent progressive policies from taking root in the first place. A fresh batch of bills this session has local activists up in arms.
The bills in question attack financial aid programs for needy families, steps to combat climate change, measures that promote diversity, equity, and inclusion, attempts to decriminalize small amounts of marijuana, and initiatives that support cyclists and public transportation.
The legislative assault on local governments is the latest front in the GOP's decade-long campaign against municipal officials in Texas, many of whom are Democrats. Over the years, they've successful in preventing cities from regulating oil and gas drilling, requiring landlords to accept federal housing vouchers, and reducing police budgets without public votes. They justify these actions as a boost for businesses and an obstacle for the spread of progressive policies.
Critics, however, argue that these actions are restricting the power of local officials to address local problems.
"It's the antithesis of conservative government," says Steven Pedigo, director of the University of Texas at Austin's LBJ Urban Lab, which concentrates on urban policymaking. "Texas isn't set up for top-down government," Pedigo adds.
As the state grows, it faces ever-increasing challenges in areas like transportation, workforce development, and water infrastructure. Addressing these issues requires close collaboration between state and local leaders, but that collaboration is difficult to achieve amid continual disputes over local power, Pedigo notes.
"You'll never solve the issues when you're constantly fighting over who gets a slice of the pie and who belongs at the table," he explains.
In 2023, Texas Republicans intensified their onslaught on localities with the enactment of a far-reaching law known as the "Death Star" bill, which bans cities and counties from establishing local rules that go beyond what's allowed under extensive swaths of state law. The law also allows citizens to sue cities and counties for overreaching.
Liberals argued the law gets rid of local labor protections and makes it harder for localities to handle everyday issues like excessive noise. The law is currently active, but some cities have challenged its constitutionality in court4.
More recent proposals include Senate Bill 2858, which would extend the Death Star bill, making it simpler for the state Attorney General to sue cities and counties for possible violations and target their budgets. If the state wins a lawsuit, the city or county would lose not just the sales tax they would have collected throughout the trial, but also face stricter limits on property tax revenue increases for the five years following an adverse court decision4.
City representatives are concerned that these measures would financially restrict their ability to serve residents. Sen. Brandon Creighton, the author of the bill, insists that the regulations are necessary to ensure cities and counties are adhering to the state Constitution4.
Republicans have also targeted specific local initiatives like guaranteed income programs, which provide regular cash payments to needy families to help keep them afloat during times of high housing expenses and inflation. Cities and counties across the nation have experimented with such programs, and some in Texas like Austin, San Antonio, and El Paso County have considered or even implemented them.
Earlier this month, the Senate passed Senate Bill 2010, outlawing such programs. Conservative voices have condemned such programs as an unfair distribution of taxes, while proponents argue they improve the lives of families in need4.
Other proposed laws target cities' efforts to reduce car lanes on certain roads to improve safety and allow for dedicated bike and bus lanes. A bill by Rep. Giovanni Capriglione would make it more difficult for cities to alter car lanes, potentially interrupting initiatives to reduce traffic and improve public transportation4.
The struggle over local power extends to zoning laws as well. Some Republican lawmakers advocate for legislation to make it harder for citizens to challenge zoning changes, offering protection to city councils wishing to broaden city growth4.
In an unusual case of agreement, one proposal would make it harder for homeowners to challenge zoning changes, providing a degree of protection for city councils as they revise zoning laws to allow for more housing construction4. The Texas House is slated to vote on this plan on Monday.
- The government in Texas has been sustaining a prolonged battle over local power, with legislators aiming to prevent affording transportation and other progressive policies in urban communities, such as Dallas.
- The legislative agenda this session includes bills targeting financial aid programs, climate change measures, diversity initiatives, marijuana decriminalization, and public transportation support, prompting criticism about the restriction of local officials' power to address local issues.
- Critics argue that these actions undermine the role of local leaders in addressing challenges like transportation, workforce development, and infrastructure, making collaborative problem-solving difficult.
- Amid the political debate over local power, several bills have been proposed, such as Senate Bill 2858, which extends the "Death Star" law by making it easier for the state attorney general to sue cities and counties for violations, potentially affecting their budgets and affordability for residents.
