Death Star Bill Survives Texas Court, Lawsuit Targets 133 Dallas Ordinances

Overview of the Lawsuit Against Dallas

A recent lawsuit has been filed against the city of Dallas, alleging that over 130 city ordinances are being enforced in violation of a state law known as the "Death Star Bill." This law, officially called House Bill 2127, was passed in 2023 and is now the subject of legal scrutiny. The lawsuit claims that these city ordinances conflict with the state law and should be repealed or amended.

The lawsuit was initiated by the Texas Public Policy Foundation (TPPF) on behalf of three Dallas residents: Haley Kyles, Daniel Rodriguez, and Tamara Brown. They argue that the enforcement of these 133 ordinances is unlawful because they were already identified as potentially conflicting with the "Death Star Bill" when the law was being discussed in the legislature. The city had previously shared this list of ordinances with state representatives during the bill's consideration.

Key Ordinances in Question

The specific ordinances cited in the lawsuit cover a wide range of areas. One example is Dallas City Charter, chapter XIII, section 5, which ensures additional compensation for continuous service for firefighters and other fire department personnel. Another is chapter XIV, section 5, which mandates that all public service franchise holders provide equal and uniform service to all individuals and businesses within the city.

Other ordinances include:

• Chapter six of the Dallas City Code, which outlines licensing and usage requirements for amusement centers.
• Chapter 12B, which deals with convenience store safety and registration.
• Chapter 18, article II, section 18-17, which requires the city to remove weeds if a property owner fails to do so.

These ordinances are considered redundant under the "Death Star Bill," which prohibits local governments from enforcing laws that contradict state codes.

Perspectives from Legal Representatives

Matthew Chiarizio, a senior attorney with the Texas Public Policy Foundation, emphasized the importance of the "Death Star Bill" in limiting local government overreach. He stated, "All Texans deserve the freedom to live and work without being micromanaged by their city government." According to Chiarizio, the law was designed to ensure consistency across the state and prevent cities from enacting conflicting regulations.

Nathan Seltzer, another attorney with the foundation, highlighted the financial impact of the current enforcement of these ordinances. He said, "Wasteful and illegal spending like what is in these ordinances flushes millions of dollars of Dallas taxpayers’ money down the drain, leading to higher property taxes." Seltzer added that the residents are demanding accountability from their local government.

Background on the 'Death Star Bill'

House Bill 2127, commonly referred to as the "Death Star Bill," was enacted in 2023 to address concerns about local governments creating laws that conflict with state regulations. The bill's purpose is to ensure statewide consistency by transferring regulatory authority back to the state where it belongs, according to the Texas Constitution.

Critics of the bill argued that it could limit the ability of cities to create tailored solutions for local issues. However, supporters believe it is necessary to prevent confusion and ensure that all citizens are subject to the same rules regardless of where they live.

Recent Developments

On July 18, a significant legal development occurred when a higher court dismissed a joint lawsuit filed by the cities of El Paso, Houston, and San Antonio. These cities had initially won a favorable ruling in Travis County before the law took effect. However, the Texas Third District Court of Appeals ruled that the cities did not have standing to sue, effectively ending the case.

This decision reinforces the legality of the "Death Star Bill" and supports the argument that local governments cannot challenge state laws that preempt their own regulations.

Next Steps in the Lawsuit

The lawsuit against Dallas seeks to compel the city to repeal or amend the 133 ordinances that conflict with the "Death Star Bill." If the city does not comply, the plaintiffs plan to pursue further legal action, including declaratory and injunctive relief, as well as seeking costs and reasonable attorneys' fees.

This ongoing legal battle highlights the tension between local governance and state legislation, and it remains to be seen how the courts will resolve these disputes in the future.