Austin City Council eyes legal options over new state law
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Construction workers gather together in the shade in Austin. Photo: Brandon Bell/Getty Images
The Austin City Council met privately with city lawyers yesterday to discuss the future of a slew of local ordinances undone by the Legislature, including rest break mandates for workers.
- A new state law dismantling many local regulations takes effect Sept. 1.
Driving the news: In an interview with Axios, City Council Member José "Chito" Vela declined to comment on the city's legal strategy, citing the closed-door session, but said the group had "a good conversation" and that it is "probably the most important pending legal issue we have.
- "This has the full attention of both city staff and City Council."
Why it matters: Amid the latest punishing heat wave, advocates have argued that ending the requirement for 10-minute rest breaks every four hours could have dire consequences. It's "unacceptable" the Legislature would seek to overturn it, Vela said.
- "Banning required rest breaks for construction workers in the Texas heat is deadly," the Texas AFL-CIO wrote on social media last month, sharing the story of a utility lineman who died in the heat while trying to restore power in East Texas in June.
Zoom out: Vela says the new law appears to threaten many other ordinances too, including LGBTQ+ discrimination protections, regulations that try to reduce the impact of criminal convictions on employment status and the city's no-kill animal shelter policy.
- "There's a lot of uncertainty out there ... and we just have no clarity on that at all."
Catch up quick: The Texas Legislature approved House Bill 2127 despite the protests of many city leaders this year. The law scales back more than a century of Texas cities' home rule authority, according to the Texas Municipal League.
- Home rule allows cities to implement policies that are not specifically counter to state law.
- Texas Republicans said at the time the law's goal was to create regulatory uniformity for small businesses.
Be smart: The city of Houston already filed a lawsuit against the state, calling the law "unconstitutional, void and unenforceable."
- "The Texas Constitution expressly champions the local control and innovation that has been key to the tremendous economic dynamism in cities like Houston," Houston Mayor Sylvester Turner said in a statement last month.
- "H.B. 2127 reverses over 100 years of Texas constitutional law without amending the Constitution."
The big picture: The Texas Legislature has long framed Austin as both lawless and over regulated, passing measures over the years that dismantle environmental protections and other rules enacted by local officials.
- Vela said he finds the dynamic "ironic, given that we're the ones that are providing the economic growth, the jobs, the education...Texas cities are, generally speaking, shining. But the state doesn't like us."
Of note: Vela, who is an attorney, said if it were up to him, the city would not stop enforcing any of its ordinances until compelled to by a judge.
Between the lines: To get around the state law, San Antonio is pursuing an abridged version of the rest-break requirement that would only apply to companies that contract with the city.