As we predicted in our blog post last November, 2015 has been one of the most challenging years in memory for grassroots public health and safety movements. The primary reason for this is an unprecedented national push for state preemption of local authority. Preemptive legislation has been introduced in over two dozen state legislatures, seeking to prevent local policy-setting on such diverse issues as fracking, paid sick days, pay-day lending, plastic bags, knives and LGBT civil rights.
As challenging as the threat of preemption has been in states from Oregon to Florida, Texas stands alone in the magnitude of its attack on local authority. Preemptive legislation is pending on dozens of specific topics, as well as bills that would, with one fell swoop, preempt virtually all local authority to protect the public.
Since the 2015 session began in January, the Texas legislature’s preemption of all local authority over oil and gas operations has received the most attention. In large part, HB 40, the oil and gas preemption bill, was a response to a fracking ban adopted in Denton, Texas in November 2014.
However, unlike most other states, legislation has been introduced in Texas to abrogate local authority over dozens of health, safety, and workplace problems. Ironically, as noted in many local news stories and editorials, it has been Republicans, members of the “conservative” party that has historically defended the tradition of local control in Texas, who have sponsored most these preemptive proposals.
Texas Governor Greg Abbott (R) supports the preemption of local control. Abbott was quoted in the New York Times as saying “The truth is, Texas is being California-ized… Unchecked overregulation by cities will turn the Texas miracle into the California nightmare.”
The tsunami of preemptive legislation in Texas has not dissuaded grassroots activists and movements, as Newsweek reported earlier this month. One grassroots leader opposed to fracking, University of North Texas Professor Adam Briggle, a board member of Frack Free Denton, said the group is planning a demonstration. Another group is planning civil disobedience training to prepare for ongoing opposition to HB 40. Grassroots movements are not giving up in the face of preemption.
The following are just a portion of the preemptive bills introduced in Texas since January 2015:
HB 40 – Preempts local control over all oil and gas operations. (Passed)
SB 440 – Preempts local control over fracking.
SB 1537 – Preempts local authority to regulate smoking in businesses that receive 20% of their income from cigars and cigarettes.
SB 1673 – A version of the earlier SB 343, which sought to preempt adoption of any local ordinance, rule or regulation that conflicts with or is more stringent than state level laws.
HB 540 – Similar to above, preempting any local ordinance on any issue that establishes stronger protections than state law.
SB 1673 – Similar to HB 540 and SB 1673 above, preempts local authority over any activity which is licensed at the state level.
SB 267 – A bill preempting local authority to prevent landlord discrimination against tenants who receive government housing assistance. The bill exempts Austin, which already has such an ordinance, but not Dallas, which is considering one.
HB 738 – Similar to SB 267 above, preempts local authority to prevent landlord discrimination against tenants based on a renter’s source of income, including federal housing vouchers.
SB 360 – Preempts all local control over the use of private property.
HB 1556, SB 1155, HB 1911 – All three proposals preempt local authority to adopt anti-discrimination ordinances; targeting local protections for LGBT people.
HB 1748 – Preempts any local laws which protect an individual’s use of bathrooms which correlate with their gender identity, if their gender identity does not conform to their gender assigned at birth.
HB 3263, SB 1673, SB 3263 – All three bills would preempt local authority to regulate payday-lending operations.
SB 1806 – Preempts local authority over the use of disposable, or “single use,” plastic bags.
For a complete list of preemptive bills in Texas, see the research gathered by Local Control Texas.