Houston sues the state over “Death Star Law.”
, which mandates a water break every four hours for construction workers. Already this summer, a construction worker, a mail carrier, and a utility lineman have died in Texas due to heat-related illness. It's unclear what other local regulations the law would overturn – it only cites broad fields like agriculture, business, labor, and natural resources – and this confusion is part of the grounds for the lawsuit.
HB 2127 would neutralize local protections like Austin’s 2010 rest break ordinance, which mandates a water break every four hours for construction workers. But, the petition contends, the"Death Star" law is so"indefinite, awkward, and opaque" that it violates this legal precedent:"Houston, like all cities, needs to know with certainty what laws it may enforce ... Laws with preemption clauses cannot be 'living' documents, as HB 2127's author asserted in House hearings.
Rather than respond to the lawsuit's arguments, Burrows complained on Twitter about the involvement of a California firm in the suit,, alleging that"leftist cities" were working with"activists from California" to stop HB 2127. The law is"simply enforc[ing]" the constitution, Burrows added.
When HB 2127 takes effect, cities will have to look at each of their existing ordinances and charter amendments to determine if they're preempted. Locally approved regulations in Austin that could be affected include. When asked if Austin will join the suit, a city spokesperson could only offer that Council will meet in July to discuss"the ramifications of HB 2127 – which appear to be sweeping – and the City's options going forward.
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