State Preemption Bill Court Ruling

A Travis County District Court Judge issued a Declaratory Judgment finding that House Bill 2127, the Texas Regulatory Consistency Act, violates the Texas Constitution.  The judgment did not prohibit, enjoin or prevent enforcement of the new law and it is not binding on other courts.  HB 2127 will go into effect September 1. Even though this ruling is limited, those fighting an eviction may use it to  argue that a local ordinance remains in effect.  TAA advises its members, especially those in Dallas or Austin where local eviction ordinances are preempted by HB 2127,  to visit with legal counsel to discuss the ruling's impact. The State of Texas is expected to immediately appeal the ruling.

About House Bill 2127 – HB 2127 was one of TAA’s top legislative priorities during the 2023 Texas legislative session.  The legislation preempts local ordinances that are in conflict with state laws.  TAA fought for this new law to ensure a consistent legal process across the state governing both evictions and the landlord – tenant relationship.  

Please contact the AAGD Government Relations Team with any questions.