Two years ago, the Texas Legislature fought it out over a sweeping new field preemption law colloquially named the “Death Star bill” — and now State Sen. Brandon Creighton (R-Conroe) hopes to add to its prohibitions with new legislation.
The Texas Regulatory Consistency Act, first called the “Death Star bill” by critics before that name was embraced by proponents, prohibited localities from exceeding regulations in nine sections of state code. That strategy is known as field preemption, applying to whole fields of code rather than responding to a specific regulation, the latter of which is known as conflict preemption.
