AUSTIN, Texas — The Austin City Council met on Tuesday for a work session to discuss a new state law that limits the power of local governments.
House Bill 2127, which goes into effect on Sept. 1, would block enforcement of local ordinances. It mostly aims to govern business relations and would limit local government’s ability to make rules on areas including agriculture, business, finance, insurance, labor, local government, natural resources, occupations and property.
For example, the bill would end the City of Austin's Rest Break Ordinance, which says no employee may be required to work more than four hours without a 10-minute rest break. A long-time construction worker told KVUE last month that those breaks are crucial.
"With this heat, by around 9 a.m., we already need a break," Adán Juárez said. "And then, at around 2 or 3 [p.m.], we need another one ... We need to rest and try and cool off a bit. If we don't cool down, we can fall. We can faint."
Austin Councilmember José "Chito" Vela (District 4) said the law will roll back a lot of progress cities have made, including the water breaks for workers.
"The first thing that goes through my head are the vigils for workers in Austin who died of heatstroke that I attended when I was on the workers defense project board," Vela said. "Three workers have died from the heat in Texas since June."
Just this past Sunday, a construction worker was rescued from a crane scaffold on Red River Street because they were dealing with some kind of heat-related illness.
Tuesday's council discussion also came shortly after the City of Houston filed a lawsuit against the State of Texas, calling the so-called "Death Star" law unconstitutional. HB 2127's authors argue it ends compliance issues for business regulations across the state.
"What this means is that cities like the City of Houston cannot pass ordinances in these areas unless the State of Texas explicitly gives us permission to do so," Houston Mayor Sylvester Turner said.
It's unclear if Austin will join in on taking legal action, but Vela said the City won't back down.
"I will say that Austin will vigorously defend its ordinances, you know, whether in the Houston lawsuit or in some future lawsuit," Vela said. "But I can say that this council is ready to vigorously defend the ordinances."