Dallas residents are facing a significant legal battle as a lawsuit has been filed challenging the validity of over 130 city ordinances in light of recent state legislation known as the “Death Star Bill.” The nonprofit organization Texas Public Policy Foundation (TPPF) initiated the lawsuit on behalf of three Dallas taxpayers, claiming the city’s enforcement of these ordinances is unlawful and incurs unnecessary costs to taxpayers.
The suit emerged promptly after a Texas appeals court ruled in favor of the “Death Star Bill,” affirming its legal standing. TPPF argues that the 133 municipal regulations in question contradict the provisions of the state law, which was signed by Governor Greg Abbott in 2023. The lawsuit’s plaintiffs—Haley Kyles, Daniel Rodriguez, and Tamara Brown—assert they have been “injured” by the enforcement of these ordinances, which they argue misuse taxpayer funds.
According to the lawsuit, the city previously acknowledged that these ordinances would be preempted if the Death Star Bill were enacted. This acknowledgment was made in a 2023 memorandum presented to state Representative Rafael Anchia. The plaintiffs now contend that continuing to enforce these ordinances after admitting they violate state law constitutes illegal spending of tax dollars.
The ordinances in question range from clauses addressing the compensation of firefighters to regulations on public service franchises. Specific examples include provisions that require equal service from public franchise holders and guidelines on amusement center licensing and convenience store safety. The lawsuit claims that these local laws are redundant in light of state legislation.
TPPF senior attorney Matthew Chiarizio emphasized the need for citizens to be free from what he described as excessive local government oversight. He noted that the Texas Regulatory Consistency Act was specifically designed to prevent local overreach. TPPF attorney Nathan Seltzer echoed these sentiments, stating that the enforcement of these ordinances results in “wasteful” spending of taxpayer funds, potentially elevating property taxes for Dallas residents.
Known formally as House Bill 2127, the “Death Star Bill” seeks to unify regulatory power by restricting municipalities from enacting or upholding local laws that conflict with state regulations. Critics had previously warned that this legislation might hinder local governments’ capabilities to address area-specific issues effectively.
The recent ruling by the Texas Third District Court of Appeals further solidified the bill’s legitimacy. In a decision that reversed an earlier Travis County ruling deeming the measure unconstitutional, the appeals court dismissed a joint suit involving the cities of El Paso, Houston, and San Antonio, stating that the municipalities lacked standing in the case.
As the lawsuit proceeds, the plaintiffs demand that the city either amend or repeal the ordinances they claim are in violation of the new law. Should Dallas fail to negotiate a resolution, the TPPF has indicated that it may pursue further legal action, including requests for declaratory and injunctive relief as well as compensation for legal costs.
This unfolding legal situation highlights the tension between state legislation and local governance in Texas, shedding light on how such conflicts can impact fiscal responsibility and regulatory authority within cities.
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