On July 18, 2025, the Texas Third Court of Appeals in Austin dismissed a constitutional challenge to the Texas Regulatory Consistency Act[1] (the “Act”) on standing grounds, declining to address whether the Act’s sweeping preemption of local regulations across multiple sectors is constitutionally permissible. Texas v. City of Houston et al., No. 03-23-00531-CV. The ruling is particularly notable for its clarification of standing requirements under Texas law and its affirmation that enforcement of the Act rests exclusively with private parties—not the State.
Background
Passed in 2023, the Texas Regulatory Consistency Act (nicknamed the “Death Star Bill”) aims to standardize regulations across Texas by preempting municipal ordinances in eight major areas: agriculture, business and commerce, finance, labor, natural resources, occupations, property, and insurance. The law’s enforcement mechanism allows any “person”—defined broadly to include corporations, individuals, and other entities—harmed by a local ordinance to bring a civil action for declaratory and injunctive relief following a 90-day notice period…