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Bills to add enforcement to state preemption of local rules draw divided testimony; cities warn of punitive fiscal consequences
Summary
Senate proposals to add an enforcement mechanism to state preemption law would let the attorney general sue local governments and, in some circumstances, withhold state funds while litigation proceeds; the measures drew divided testimony from city, county and industry witnesses.
Senators considered proposals (including Senate Bill 2858 and Senate Bill 3016) that would expand the state's preemption authority over local regulations and create a formal enforcement process giving the attorney general power to initiate actions against local governments alleged to be in violation of state law.
Sponsor Senator Creighton described SB 2858 as providing an enforcement mechanism for the Texas Regulatory Consistency Act and related field preemptions; the substitute added the health and safety code to the list of preempted subject areas, clarified venue and appellate authority, required expedited trial scheduling (a…
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