Lawsuit seeks to end new law signed by Greg Abbott banning water breaks after Texas heat wave deaths

Officials in Houston, Texas, filed a lawsuit on Monday looking to keep the state from enforcing an oppressive law critics have dubbed the “Death Star” bill.

House Bill 2127 is set to go into effect on Sept. 1 after Republican Gov. Greg Abbott signed it into law on June 6, according to MSNBC’s “The ReidOut” blog. The new law restricts local governments by preventing them from passing certain ordinances if they contradict state laws in eight key areas: agriculture, finance, business and commerce, insurance, local government, labor, natural resources, property or occupations. 

In the newly filed lawsuit, lawyers representing the city argue that, in broadly pre-empting local laws, the bill violates the state Constitution, and ultimately call the measure “hopelessly vague.” The city, thus, asks the court to make the law “void and unenforceable.”

“Because of HB 2127’s vagueness, Houston will not know with any certainty what laws it may enforce, and its residents and businesses will not know with certainty what laws they must obey,” the suit reads. “This high level of uncertainty and confusion concerning the validity of virtually all local laws in important regulatory areas and those concerning health and safety themselves constitutes a concrete injury.”

Arguing that the bill will incite confusion, the lawsuit cites the so-called Death Star law’s lack of a requirement for local legislation to actually conflict with state laws in order for it to be prevented from taking effect.

“Under HB 2127, if the State regulates anything in an unspecified ‘field,’ local regulation is arguably entirely precluded in the undefined area unless there is express legislative authorization,” according to the lawsuit.

The lawsuit also comes after a deadly heat wave wracked the state last month, resulting in a public health crisis, the deaths of 11 people between the ages of 60 and 80 in Webb County since the bill was signed, and a surge in emergency department visits related to the record-breaking, 100-degree temperatures.

In Texas prison facilities without air conditioning, at least nine incarcerated people, including two men in their 30s, died last month from heart attacks or unknown causes. Another harrowing incident saw a teen and his stepfather die after the 14-year-old lost consciousness during a hike in Big Bend National Park and the stepfather crashed his car while racing to find help. Plus, at least four workers have died in the state after collapsing in three-digit heat, the Texas Observer reports: a Dallas post office worker, an East Texas utility lineman and two Houston construction workers. 

While the nature of the worker deaths is still under investigation, the Observer notes that hyperthermia is likely the cause. Considering climate scientists told the Tribune that heat waves will become increasingly severe and common due to climate change, the risk to public health will only rise.

Once HB 2127 goes into effect in September, local ordinances mandating water breaks for workers outdoors in cities across the state, which the Observer writes contributed to a “significant decrease in annual heat-related illnesses and heat deaths,” will be overturned and localities will be barred from passing new ones.

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A spokesperson for Abbott said that “ensuring the safety of Texans is a top priority as our state experiences high summer heat,” in a statement, noting that overriding local laws won’t keep workers from taking breaks under the federal Occupational Safety and Health Administration’s (OSHA) standards. 

But some workers fear that the lack of local protections will mean bosses hoping to increase production will eliminate breaks, the Observer said.

The city of Houston’s lawsuit also calls out the possibility of widespread, city deregulation sparked by individuals and businesses pursuing their own interests and justifying the acts under the law.

“Houston will have to defend against a likely barrage of lawsuits brought by trade associations or individuals essentially to deregulate their industries or businesses at the local level,” the suit claims, adding an accusation that Texa’ Republican legislators are creating “a public/private enforcement regime that will penalize and raise the risk of Houston’s exercising its clear and expansive constitutional authority.”

If successful, the suit will protect the water mandates and other measures like the Houston program providing 30,000 uninsured people with healthcare, Mayor Sylvester Turner noted.

“HB 2127 reverses over 100 years of Texas constitutional law without amending the Constitution,” Turner said in a public statement. “Because Texas has long had the means to preempt local laws that conflict with State law, HB 2127 is unnecessary, dismantling the ability to govern at the level closest to the people and therefore punishing all Texas residents. Houston will fight so its residents retain their constitutional rights and have immediate local recourse to government.”