AUSTIN – HB 2127, a Texas law passed this year to empower citizens to challenge local ordinances pre-empted by state law, goes into effect today, September 1.
In a case brought by the city of Houston challenging the statute, a district judge declared HB 2127 unconstitutional. However, the declaratory judgment did not enjoin enforcement of the law by Texans who were not parties to Houston’s suit and who are harmed by local ordinances, which HB 2127 preempts.
The
Office of the Attorney General immediately appealed on behalf of the
named defendants, automatically staying the effect of the court’s
declaration pending appeal. Under Texas Rule of Appellate Procedure
24.2(a)(3) and 25.1(h)(2) as well as Texas Civil Practice and Remedies
Code 6.001, any time a state entity or official appeals a declaratory
judgment, this automatically supersedes the order or judgment. When an
order or judgment is superseded, its enforcement is stayed until the
appellate court rules.
