* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] OKAY, LEMME [Press Conference: "City Files Suit Against State of Texas Over House Bill 2127"] SAY, GOOD AFTERNOON, TERRY BODY. I'M STANDING HERE THIS AFTERNOON WITH TORAH, MICHELLE, AS YOU KNOW, THE CITY LEGAL, UH, ATTORNEY, AND THEN NEXT TO HIM IS COLLEEN PETTY, WHO'S ALSO ONE OF OUR FINE ATTORNEYS WITH THE CITY OF HOUSTON. UH, AND THEN, UH, WE ALSO HAVE, UH, ALEXIS AES, WHO IS WITH THE CITY'S, UM, PUBLIC AFFAIRS, UH, DEPARTMENT AND WORK VERY CLOSELY, UH, WITH BILL KELLY AND, UH, AND MY TEAM, AND ALSO THROUGHOUT THE ENTIRE LEGISLATIVE SESSION. UM, AS YOU KNOW, DURING THE 88TH LEGISLATIVE SESSION, THE STATE LEGISLATURE PASSED HOUSE BILL, UH, 21 27 2 1 2 7, KNOWN AS THE DEATH STAR SUPER PREEMPTION, UH, LAW FILED BY REPRESENTATIVE DUSTIN BURROWS AND SENATOR BRANDON CREON. THE BILL WAS SIGNED INTO LAW BY GOVERNOR GRAD GREG GATT ON JUNE 14TH OF THIS YEAR, UH, TO TAKE, TAKE EFFECT ON SEPTEMBER ONE OF THIS YEAR. SINCE THIS BILL WAS INTRODUCED, I ALONG WITH MEMBERS OF CITY COUNCIL, HAVE BEEN SOUNDING THE ALARM ON THE DANGERS OF THIS LEGISLATION AND ITS EFFORTS TO STRIP LOCAL GOVERNMENTS OF ITS AUTHORITY. IT IS NO SECRET FOR YEARS, THE LEGISLATURE HAS BEEN EATING AWAY AND LOCAL CONTROL AND GOVERNANCE, UH, BUT HOUSE BILL 2127 HAS GONE WAY OUT OF BOUNDS. UH, IT IS EXTREME, AND I DON'T THINK THAT IS AN, AN OVERSTATEMENT. UNDER HOUSE BILL 2127 PREEMPTION IS GIVEN A NEW MEANING AND ONE THAT A EFFECTIVELY REPEALS TEXAS CONSTITUTIONAL HOME RULE. AND THE CITY OF HOUSTON IS A HOME RULE, A GENERAL LAW CITY, WHICH MEANS THAT, UH, BY VIA THE CONSTITUTION, UH, WE'VE BEEN GIVEN THE POWER TO OF SELF-GOVERNANCE. HOUSE BILL 2127 PURPORTS TO PREEMPT ALL LOCAL REGULATION UNDER TEXAS, AGRICULTURE, FINANCE, INSURANCE, LABOR, NATURAL RESOURCES, PROPERTY, BUSINESS AND COMMERCE AND OCCUPATIONS CODES, UNLESS EXPLICITLY AUTHORIZED BY THE LEGISLATURE. WHAT THIS MEANS IS THAT CITIES LIKE THE CITY OF HOUSTON CANNOT PASS ORDINANCES IN THESE AREAS UNLESS THE STATE OF TEXAS, UH, EXPLICITLY GIVES US PERMISSION TO DO SO. THAT IS A TOTAL REVERSAL FROM THE WAY THINGS HAVE BEEN, UH, IN THIS STATE FOR MORE THAN A CENTURY. THIS ATTACK GOES AGAINST MANY NEW ORDINANCES THAT COUNCIL HAS APPROVED, RANGING FROM REGULATING TOW TRUCK COMPANIES, OUTDOOR MUSIC FESTIVALS, PAYDAY LENDING, UH, AFTER ALL ESTABLISHMENTS, NOISE, REGULATIONS, BOARDING HOMES, AND SO MANY OTHERS. AND THE HOUSE BILL 2127 PREEMPTION IS GIVEN A NEW MEANING AND ONE THAT EFFECTIVELY REPEALS TEXAS CONSTITUTIONAL HOME RULE. MOREOVER, IT DISREGARDS THE HIERARCHY OF TEXAS LAWS WHERE A STATUTE SUCH AS HB 2127 CANNOT REPEAL A CONSTITUTIONAL PROVISION. OUR LAWS REQUIRE A CONSTITUTIONAL AMENDMENT ELECTION TO AFFECT OR REPEAL. AND TO GIVE YOU AN EXAMPLE, I SPENT 27 YEARS IN THE LEGISLATURE, AND IF YOU ARE GOING TO PASS A LAW THAT REPEALED OR SUPERSEDED THE TEXAS CONSTITUTION, AND YOU WOULD, UH, PASS A CONSTITUTIONAL AMENDMENT AS WELL AS THE GENERAL LAW LIKE HOUSE BILL 2127. IN THIS CASE, WHAT THE TEXAS LEGISLATURE HAS DONE IS THAT IT HAS PASSED HOUSE BILL 2127 AS A STATE LAW, BUT IT HAS THE DIRECT IMPACT OF REPEAL REPEALING PORTIONS OF THE TEXAS CONSTITUTIONAL THAT IS A NON-STARTER. CONSTITUTIONAL LOCAL CONTROL GIVES TEXAS CITIES THE POWER OF SELF-GOVERNMENT, PERMITTING THEM TO TAILOR THEIR LAWS SPECIFICALLY TO ADDRESS LOCAL RESIDENTS AND BUSINESS NEEDS AND DESIRES. WELL-ESTABLISHED SUPREME COURT DECISIONS PLACE THE BURDEN OF PROOF ON THE PARTY, CHALLENGING A CITY LAW TO ESTABLISH A DIRECT AND IRRECONCILABLE CONFLICT WITH UNMISTAKABLE CLARITY OF PREEMPTION. THERE'S NOT A CONFLICT HERE. WHAT THE TEXAS STATE OF TEXAS LEGISLATURE IS ATTEMPTING TO DO IS TO CARVE OUT [00:05:01] HOG SECTIONS OF LAWS AND SAYING TO CITIES, YOU CANNOT VENTURE INTO THESE AREAS UNLESS WE GIVE YOU EXPRESS PERMISSION. AND SO AS WE MOVE FORWARD INTO THE FUTURE, CITIES LIKE THE CITY OF HOUSTON WOULDN'T KNOW WHAT AREAS, UH, THAT WE CAN GOVERN UNLESS WE FIND IT EXPLICITLY LAID OUT. UH, IN, IN STATE LAW, HOUSE BILL 2127 CREATES A ONE SIZE FITS ALL STATEWIDE REGULATION SCHEME WITH NO ATTEMPT TO ADDRESS AREAS OF CONCERN THAT PROMPTED CITIES TO PASS LAWS AND RESPONSE TO CONSTITUENTS REQUESTS. PROGRAMS LIKE HOUSTON PAY OR PLAY PROGRAMS FOR CITY CONTRACTORS WHICH PROVIDE 30,000 UNINSURED HOUSTONIANS WITH HEALTHCARE WOULD DIE ON THE HOUSE. BILL 2027 AS WE MOVE TOWARDS THE FUTURE ARE THE MOST POPULAR ONE. NOWADAYS, DALLAS AND AUSTIN ORDINANCES THAT MANDATE WATER BREAKS FOR WORKERS IN THE TEXAS HEAT WOULD SIMPLY GO BY THE WAYSIDE. THE TEXAS CONSTITUTION EXPRESSLY CHAMPIONS THE LOCAL CONTROL AND INNOVATION THAT HAS BEEN KEY TO THE TREMENDOUS ECONOMIES. ECONOMIC DY DYNAMISM IN CITIES LIKE HOUSTON HOUSE BILL 2127 REVERSES OVER 100 YEARS OF TEXAS CONSTITUTIONAL LAW WITHOUT AMENDING THIS TEXAS CONSTITUTION. AS LOCAL ELECTED LEADERS, WE KNOW THE SPECIFIC ISSUES OF OUR CITY AND RESIDENTS AND SHOULD HAVE THE PROPER TOOLS TO ADDRESS THOSE ISSUES HEAD ON. WHAT IS TRUE FOR HOUSTON IS DIFFERENT THAN THAT OF DALLAS OR SAN ANTONIO OR LUBBOCK OR ANY OTHER MUNICIPALITY IN OUR LARGE STATE. THEREFORE, HOUSTON WILL FIGHT SO ITS RESIDENTS RETAIN THEIR CONSTITUTIONAL RIGHTS AND HAVE IMMEDIATE LOCAL RECOURSE THE GOVERNMENT BY FILING SUIT AGAINST THE STATE OF TEXAS, THE DEATH STAR SUPER PREEMPTION LAW. LET ME, UH, YIELD NOW TO CITY ATTORNEY OR TOUR MICHELLE. UH, THANK YOU MAYOR. I THINK THE MAYOR COVERED, UH, WHAT IS VERY, WE BELIEVE IS VERY CLEAR IN THE LAW THAT TEXAS DOES NOT HAVE A SCHEME LIKE THE FEDERAL GOVERNMENT. WE DO NOT HAVE A SUPREMACY CLAUSE. WE HAVE A PRIMACY CLAUSE FOR OVER A HUNDRED YEARS. AND BEFORE THEN, WHAT WOULD HAPPEN? AT THE BEGINNING OF THE 20TH CENTURY AND THE END OF THE 19TH CENTURY, THE LEGISLATURE DEALT WITH HUNDREDS OF BILLS THAT LOCALITIES WANTED. IT CHANGED THE LAW IN 1912 SO THAT YOU HAD HOME RULE, WHICH IS NOT FIELD PREEMPTION. THERE ARE NOT AREAS THAT ARE COVERED. YOU LOOK AT A LAW IF IT'S CHALLENGED, IF IT IS A DIRECT IRRECONCILABLE CONFLICT, AND THE INTENT IS, IS CLEAR, IT'S MANIFESTLY CLEAR THAT IT WAS TO BE PREEMPTED. THAT'S WHEN YOU APPLY PREEMPTION. UH, THE MAYOR'S COVERED MOST OF THE THINGS, UH, THAT NEED TO BE DISCUSSED ABOUT THIS. WHAT I WOULD LIKE TO POINT OUT IS HOW THIS IS GOING TO WORK IN PRACTICE. THE CITY OF HOUSTON, LIKE ALL CITIES, EVEN THE THE SMALLEST HOME RULE CITIES HAVE A LOT OF ORDINANCES LAWS ON THE BOOKS. IN ADDITION TO A CHARTER FOR HOME RULE CITIES, WE HAVE TO EXAMINE ALL OF THOSE LAWS AND TRY TO DETERMINE IF THEY'RE COVERED BY THESE EIGHT FIELDS THAT THE, THAT ARE IN THE BILL. THEN IF WE, ONCE WE DO THAT, WE HAVE TO LOOK ELSEWHERE IN STATE LAW TO SEE IF DESPITE IT BEING COVERED, WE'RE SOMEHOW GIVEN THE EXPRESS ABILITY TO PROCEED WITH THAT. THAT IS VERY TIME CONSUMING AND THIS BILL HAS FLIPPED THE BURDEN OF PROOF AGAIN ON ITS HEAD, UH, BEFORE SOMEONE WOULD HAVE TO CHALLENGE AN ORDINANCE. NOW, IF WE ENACT AN ORDINANCE AND ARE CHALLENGED, WE'RE, WE'RE COULD BE LIABLE FOR THE COST OF THAT LITIGATION. THAT'S A VERY, VERY HEAVY BURDEN, AND EVEN MORE SO THAN THE FINANCIAL AND TIME CONSUMING BURDEN, IT ROBS A CITY OF HOUSTON OF THE ABILITY TO ACT QUICKLY WHEN IT NEEDS TO, PARTICULARLY IN TIMES OF DISASTERS OR TO PREVENT DISASTERS. CERTAIN THINGS THAT WE WOULD DO IN THE AREAS, FOR EXAMPLE OF DRAINAGE OR FLOOD CONTROL MAY BE PREEMPTED AND WE MAY BE CHALLENGED AND THERE MAY BE PEOPLE WHO SUFFER BECAUSE WE ARE NOT ABLE TO DO WHAT THE TEXAS CONSTITUTION ALLOWS US TO DO, WHICH IS LOCAL GOVERNMENT TO ACT QUICKLY TO ADDRESS THE NEEDS OF ITS RESIDENTS. THANK YOU. UM, AT THIS TIME, WE'LL TAKE ANY QUESTIONS THAT ANYONE MAY HAVE AND THE LAWSUIT HAS BEEN FOUND ALREADY FILED. YEAH, THE LAWSUIT HAS ALREADY BEEN FILED AND, UM, AND IT WAS FILED IN TRAVIS COUNTY. OKAY. ANY QUESTIONS? IF NOT, OKAY, THANK YOU SO VERY [00:10:01] MUCH. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.