Court Ruling Overturns Texas’ ‘Death Star’ State Preemption Bill

The Texas government’s attempt to keep bluer local governments in check has been delt a setback by the state’s judicial system.

2 minute read

September 4, 2023, 9:00 AM PDT

By James Brasuell @CasualBrasuell


A decision by State District Judge Maya Guerra Gamble overturns House Bill 2127, the so-called “Death Star Bill” to limit local control and greatly expand the power of state preemption, just days before the law was set to take effect.

“The Republican-backed law aims to stop local governments from enacting a wide range of progressive-leaning policies by barring cities and counties from passing local ordinances that go further than what’s allowed under broad areas of state law,” reports Joshua Fechter for the Texas Tribune.

While the law is still expected to go into effect, the ruling empowers local governments to challenge the law in court. The state has already appealed the ruling.

As noted by Fechter, HB 2127 very much represents a front line in the ongoing culture war between Republicans at the state level in Texas and the bluer politics of local governments in the state.

“HB 2127 — carried during this year’s regular legislative session by state Rep. Dustin Burrows of Lubbock and state Sen. Brandon Creighton of Conroe, both Republicans — marked Texas Republicans’ most expansive attempt yet to weaken local governments in their yearslong campaign against the state’s major metropolitan areas, which account for most of the state’s economic growth and often are governed by Democrats,” writes Fechter.

Additional news coverage of the ruling is available in an article by Andrew Weber for KUT. Weber notes that the ruling returns some power to local governments to create unique laws regarding “transportation, agriculture, labor and property codes, among other areas.” Weber also reports that the cities of Houston, San Antonio and El Paso sued to overturn the ruling, leading to the recent ruling.

An article by Brad Johnson for the Texan, published before the ruling, explains the legal arguments on both sides of the issue.

An April article by Fechter for the Texas Tribune reported the news of the bill’s approval when it passed the state’s House of Representatives. Fechter noted at the time that the bill had the backing of state business groups, who argued that the law is necessary “o combat what they call a growing patchwork of local regulations that make it difficult for business owners to operate and harm the state’s economy.”

Wednesday, August 30, 2023 in Texas Tribune

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Close-up of rear car bumper in traffic on freeway.

Research Shows More Roads = More Driving

A national study shows, once again, that increasing road supply induces additional vehicle travel, particularly over the long run.

March 23, 2025 - Road Capacity as a Fundamental Determinant of Vehicle Travel

Aerial view of Grants Pass, Oregon with fall foliage and hills in background with a cloudy sky.

Judge Halts Enforcement of Anti-Homeless Laws in Grants Pass

The Oregon city will be barred from enforcing two ordinances that prosecute unhoused residents until it increases capacity and accessibility at designated camping sites.

1 hour ago - Street Roots

Colorful murals on exterior of Hollywood High School in Los Angeles, California against night sky.

Advancing Sustainability in Los Angeles County Schools

The Los Angeles County Office of Education’s Green Schools Symposium brings together educators, students, and experts to advance sustainability in schools through innovative design, climate resilience strategies, and collaborative learning.

2 hours ago - Los Angeles County Office of Education

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

3 hours ago - Pennsylvania State University