Editorial: Legislature must carefully consider bills that take away local control
Published 2:00 pm Friday, May 19, 2023
Rural counties aren’t the target of Republican state lawmakers’ assault on progressive policies — but they could be collateral damage.
The latest artillery shell dropped on the Capitol floor is House Bill 2127, which was approved Tuesday by the Senate.
The bill “would bar cities and counties from issuing local ordinances that go further than what’s already allowed under broad sections of state law, including labor, agriculture, natural resources and finance,” the Texas Tribune reported.
The Tribune also reported that the bill is “so broadly written that no one knows exactly how much it would ultimately limit local governments’ power to make rules.”
The measure’s supporters, including Gov. Greg Abbott, say it’s aimed at fixing “a growing patchwork of local regulations that weighs heavy on business owners and harms the state’s economy,” according to the Tribune.
While that certainly sounds like a noble pursuit, Austin’s track record in recent years when it comes to chipping away at local control makes it likely this bill will end up stepping on rural counties’ toes — or worse.
Conservatives at the Capitol might still hoist a “limited government” flag, but not when it comes to taming Democratic-controlled counties.
But how does this affect Smith, Gregg and other rural counties in our area that have been GOP strongholds for years?
Every time the Legislature approves — and Abbott signs into law — a bill that takes away the ability of counties and cities to make their own decisions, the idea of local control in Austin becomes less and less relevant.
Human nature has shown that if something is done often enough, it becomes not only easier but more accepted. The Capitol — and the governor’s mansion — aren’t immune.
Bills that take away local control should be carefully considered and worded and only in certain circumstances — the exception and not the rule. For example, when local governments pass laws that violate the state Constitution, the Legislature is right to intervene.
Lawmakers and other elected officials, however, shouldn’t use such action as a culture wars weapon.
Two years ago, Abbott bowed to political pressure and issued executive orders against local governments enacting COVID-19 restrictions. His decision essentially meant he didn’t trust leaders in these communities to monitor virus activity and set appropriate mitigation efforts based on local data and input from medical officials.
At the time, we pointed out the hypocrisy in a March 2020 quote from Abbott’s spokesman, John Wittman, about local coronavirus rules: “Texas is so diverse that what is right in Houston and Harris County and Dallas and San Antonio may not be the best approach in Amarillo. These cities and counties are following the proper protocol and guidance that they are receiving from their local health departments.”
Texas is so diverse. That phrase should be etched in stone and posted on the floor of the Capitol. Even if a decision that takes away local control isn’t overtly political, a one-size-fits-all approach is flawed.
Another example: Gregg County Judge Bill Stoudt has repeatedly criticized Senate Bill 2, which was approved in 2019. That property tax measure forces cities, counties and other taxing units to get voter approval before levying 3.5% more property tax revenue than the previous year.
Stoudt said in March that legislation that applies to the entire state doesn’t work because of the varying sizes of cities and counties. He used an example of Harris County, which has millions of people and billions of dollars in its tax base.
“Yet the same laws they pass for Harris County … is the laws that we have to follow,” he said.
We expect our elected representatives to legislate with fairness, common sense and a diligence to understand the consequence of the bills they pass.
Let’s hope these type of lawmakers in Austin aren’t on the verge of extinction.