A joint suit from El Paso, Houston, and San Antonio against the State of Texas and its 2023 field preemption law was dismissed by an appellate court on Friday.
The trio of cities challenged the Texas Regulatory Consistency Act — passed by the Legislature in 2023 as House Bill (HB) 2127 and signed into law by Gov. Greg Abbott that year — and received a favorable judgment from a Travis County judge just before the law went into effect on September 1 of that year. The Travis County judge declared the law unconstitutional, but did not issue an accompanying injunction that would have prevented it from becoming effective.
