Regulatory Consistency Act Would Bring Sweeping Changes for Local Governments in Texas

The Texas Legislature approved HB 2127, the Texas Regulatory Consistency Act, on May 23, 2023, and the bill is soon expected to be signed into law by Governor Greg Abbott. Upon the Governor’s signature, HB 2127 would go into effect on September 1, 2023.

HB 2127 would preempt cities and counties from promulgating an ordinance, order, or rule in a “field of regulation that is occupied by a provision of this code.” The law specifically identifies the following state codes as preempting local action:

• Agriculture Code

• Business and Commerce Code

• Finance Code

• Insurance Code

• Labor Code

• Local Government Code

• Natural Resources Code

• Occupations Code

• Property Code

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