Opinion: One Year Later, Local Leaders Must Be Bold Despite “Death Star” Law

This week marks one year since the city of Houston sued the state of Texas to overturn the “Death Star” law, sweeping state legislation crafted to paralyze local governments by introducing extreme uncertainty about what they can and cannot legally do to respond to their communities’ needs. Despite the uncertainty caused by the Death Star law – and the yearlong ensuing legal battle – localities must continue to pass bold policies that address their communities’ urgent needs.

Local leaders across Texas could choose to lean into this uncertainty – to spend their precious time, energy, and finances figuring out whether each and every commonsense local government action is allowed before moving forward with it. I am here to tell you that that is exactly what the Republican-controlled Texas state Legislature wants us to do. This law was crafted to use uncertainty as a tool to paralyze local governments from passing policies that protect the most vulnerable among us. And that is no secret.

On Aug. 30, 2023 – just two days before the Death Star law took effect – a Travis County judge sided with the city of Houston, declaring the law unconstitutional. As the case moves on to the Texas 3rd Court of Appeals, I am part of a chorus of countless local leaders statewide who know that Republican state lawmakers passed this law for one reason and one reason only: to deter us from advancing commonsense policies that help working families thrive. It’s time to call their bluff.

Texas’ local elected officials can and must put the uncertainty aside and continue to boldly advance transformative legislation to improve the lives of our communities. This is critical for two key reasons. First, and most important, we have a duty to meet the needs of our communities who elected us. Second, we must set the tone for how local leaders nationwide respond to attacks on local democracy.

This kind of sweeping anti-local democracy bill is not just unique to Texas. The Death Star law is part of an emerging trend of Republican-controlled state legislatures using preemption as a tool to consolidate power at the state level. Last year alone, nearly 500 preemption bills were filed nationwide – many of which have strong ties to the American Legislative Exchange Council (ALEC), the right-wing group that churns out pro-corporate bills. The Death Star law is no different – in fact, ALEC members sponsored it. That’s right – a national organization with no knowledge of our communities is coming in with boilerplate language to restrict our local authority. We must set an example for local leaders across the country to demonstrate that none of us will succumb to these attacks on local democracy.

What does setting that example mean in practice? It means passing rest break ordinances as we approach the warmest months of the year to ensure that outdoor workers have the right to take breaks. It means passing wage theft prevention policies to ensure that every employee gets paid what they are owed. It means creating and enforcing regulations to ensure compliance of proper waste management. It means raising the minimum wage for city workers, providing paid time off when an employee is sick or caring for a new addition to their family. It means holding landlords accountable to ensure their properties are safe for renters. It means implementing regulations to ensure that our communities have safe drinking water. It means making sure that families aren’t discriminated against when they’re trying to secure housing or employment. In short, it means responding to our communities’ needs no matter what far-right Republicans in Austin say.

The bottom line is that we cannot be afraid to govern effectively. Now is not the time to give in to our far-right-controlled state Legislature. Now is the time to be bold – to advance policies that uplift the very communities our Legislature wants to silence.

Alyssa Garza is a San Marcos City Council member representing Place 3. She’s also a member of Local Progress, a movement of local elected officials advancing a racial and economic justice agenda through all levels of local government.