The Texas Public Policy Foundation, an influential conservative think tank, notified Dallas on Wednesday it needs to repeal or amend local ordinances not covered by state law — or risk being sued.
The notice, written on behalf of three residents, Haley Kyles, Tamara Brown and Daniel Rodriquez, said ordinances that have been preempted by the so-called “Death Star” law have caused them harm. The notice comes days after an appeals court overruled a decision last week that held the 2023 law that which prohibits cities and counties from adopting agricultural, financial, natural resources and labor policies that weren’t covered by state law was unconstitutional.
“All Texans deserve the freedom to live and work without being micromanaged by their city government,” said Matthew Chiarizio, a TPPF senior attorney. “The Texas Regulatory Consistency Act was passed to stop exactly this kind of local overreach — and TPPF stands ready to defend Texans’ liberty when cities like Dallas refuse to follow the law.”
The city of Dallas declined to comment Wednesday afternoon due to the pending notice of claims.
Political Points
Dubbed the “Death Star” law, the legislation was widely seen as a successful attempt by the Texas Legislature to limit local powers in major urban areas.
During the last legislative session, city officials sent Rep. Rafael Anchia, D-Dallas, a list of 133 ordinances they say would be on the chopping block. But the city never took action.
Instead, the law was stalled by a district court two days before it was set to take effect, after Houston, San Antonio and El Paso sued the state. Dallas never joined the fight, though it did send a legal brief in support of other cities. In it, the city reiterated its status as a “home-rule” municipality, which gives it the ability to create a charter of rules to govern itself.
In their ruling, appeals court judges said the cities had failed to “establish a concrete and particularized injury” if the law were active.
“(The cities) allege that the Act is unconstitutional on its face and that they will have to review their charters, repeal preempted regulations, and suffer other such generalized injuries if forced to comply with its terms,” the opinion read, adding that without an actual local regulation that’s impacted by the law, there was no concrete dispute the court needed to resolve.
The 133 ordinances include regulations about minimum wages, water conservation, sexually oriented businesses, equal opportunity employment and anti-discrimination provisions. Ordinances in Dallas and Austin that required construction workers to get water breaks were also preempted by the Death Star bill, leading to outcry that reached the U.S. Capitol.
The following year, the U.S. Department of Occupational Safety and Health Administration proposed a rule that would require employers to maintain working conditions to prevent workers from getting heat-related injuries and sickness. That rule is still being deliberated.
It is unclear exactly what ordinances impacted the three residents. TPPF attorneys were not available for interviews prior to the story’s publication.
A woman with the name Haley Kyles is featured on the Texas Public Policy Foundation’s website and is part of the Liberty Leadership Council, an offshoot of the organization.
Kyles, Brown and Rodriquez did not respond to calls on publicly listed numbers.