State of Texas Files its Brief in TRCA Appeal
Introduction
On August 30, 2023, the State of Texas (“State”) appealed a Travis County District Court’s ruling that invalidated the Texas Regulatory Consistency Act (the “TRCA”). In this post, we will review the State’s recently filed response.
Background of the Case
The TRCA, which went into effect on September 1 2023, was intended to standardize regulations across Texas by limiting city and county powers to enact local regulations in fields already regulated by the State. The cities of Houston, San Antonio, and El Paso, in response, filed a lawsuit challenging the constitutionality of the TRCA in Travis County, arguing that the TRCA oversteps the bounds of state authority and infringes upon their local autonomy.
Key Arguments in the Appellant's Brief
The State argues that the trial court lacked jurisdiction to hear the case. It claimed the cities’ lawsuit was premature (not "ripe") since the TRCA had not yet taken effect and no injury had occurred. The State also contend that the cities lacked standing to sue and that the state’s sovereign immunity was not properly waived in this case.
Constitutional Challenges to TRCA:
Home Rule Amendment: The State asserts that the TRCA is within the Legislature's authority under the Home Rule Amendment. It argued that the TRCA doesn't amend this amendment but merely exercises the state's power to create general laws that home-rule cities must follow.
Vagueness and Nondelegation Doctrine: The State refutes claims that the TRCA is unconstitutionally vague or that it improperly delegates legislative power to courts. It argues that the TRCA’s terms are sufficiently definite and within the scope of similar laws upheld in the past.
Severability of the TRCA's Provisions: Addressing the cities' argument that invalid portions of the TRCA cannot be severed, the State contends that the Act is constitutional in its entirety. However, they argue that even if parts of the TRCA were found unconstitutional, other specific provisions should still stand.
Conclusion
The State maintains that the trial court's decision declaring the TRCA unconstitutional is flawed on multiple grounds. They emphasize that the TRCA is a lawful exercise of legislative power aimed at ensuring uniformity in regulations across the state.
Implications
This case underscores the ongoing tension between state power and local autonomy. The final decision will significantly impact the balance of power between Texas's Legislature and its home-rule cities, potentially setting a precedent for similar disputes in the future.
A link to the Brief for Appellant is included HERE.