Under Texas law, big cities can govern themselves. Well, sort of.<\/p>\n
Passed in 2023<\/a>, the Texas Regulatory Consistency Act<\/a> \u2014 dubbed the \u201cDeath Star\u201d law \u2014 bans local governments from having ordinances that go beyond state law in areas like business and commerce, insurance, labor, agriculture and others. An appeals court recently upheld the legislation, which some local government officials have argued is unconstitutional.<\/p>\n The Texas Public Policy Foundation recently sent Dallas a letter<\/a> saying it risks a lawsuit if it doesn\u2019t amend or repeal 133 ordinances<\/a> relating to solid waste collection, assisted living facilities, sexually oriented businesses and many other areas. The foundation argues these ordinances are preempted under the regulatory consistency law.<\/p>\n No doubt, Dallas and other cities across Texas might have questionable ordinances on the books. But different communities have different needs, and the state\u2019s blanket-ban approach to restricting local control hurts the ability of elected representatives closest to the people to address those needs. <\/p>\n Opinion<\/p>\n Sometimes local governments make bad policy decisions, just like every other level of representative government does. It\u2019s part of our democracy. Voters who disagree with the direction of their city can have their say at the ballot box.<\/p>\n Instead of this heavy-handed approach, state lawmakers should step in with targeted policies only in cases necessary to address local problems in which the whole state has a compelling interest, such as the availability of housing. <\/p>\n Take development regulation. In the midst of a housing shortage, the state should do what it can to break down barriers to building. Such policies can be necessary, even when they clash with local control. <\/p>\n