The Texas Regulatory Consistency Act and Its Impact on Evictions

Posted By: Carrie Smith Community,

In the realm of Texas legislation, House Bill 2127, fondly referred to as the "Texas Regulatory Consistency Act," has emerged as a groundbreaking law that seeks to create a more uniform regulatory landscape across the state. This sweeping legislation is designed to put the brakes on municipalities and counties that attempt to enact or enforce ordinances that run counter to state laws. A central facet of this legislation is its impact on eviction regulations, which have long been a source of contention between local and state authorities. As of September 1, 2023, the bill has ushered in significant changes that have sent ripples through the Lone Star State.

The Eviction Regulation Conundrum

One of the most contentious aspects of HB 2127 is its effect on eviction regulations. Historically, various cities and counties in Texas have implemented their own rules and timelines for eviction proceedings. This resulted in a patchwork of regulations that created confusion and inconsistency for both multifamily properties and residents.

Under HB 2127, local authorities are no longer permitted to extend the eviction process beyond the guidelines set by the state. This provision has drawn significant attention and controversy. In practical terms, it means that any local ordinance attempting to add extra days (such as Austin's 7-Day Notice to Vacate Ordinance) to the eviction process is now void and unenforceable. The Texas Apartment Association worked diligently to usher HB 2127 through the legislative process.

The Case of Houston: A Legal Challenge

The passage of HB 2127 did not go unnoticed or uncontested. The city of Houston, in particular, took issue with the legislation and mounted a legal challenge. The city argued that the bill violated the principles of local control and, as a result, infringed upon its ability to govern itself effectively.

In a notable turn of events, a district judge ruled in favor of the city of Houston, declaring HB 2127 unconstitutional. This decision sparked a debate about the balance between state authority and local autonomy. 

Continued Enforcement and the Appeal

Despite the ruling in favor of Houston, the enforcement of HB 2127 remains active in cities that were not included in the lawsuit. The city of Austin, for example, continues to implement the regulations outlined in the bill.

The Texas Attorney General's Office swiftly moved to appeal the district judge's decision, defending HB 2127 as a necessary step towards achieving regulatory consistency in the state. This legal battle is likely to extend over a considerable period, with implications that extend far beyond eviction regulations. The Austin Apartment Association and the Texas Apartment Association will continue to closely monitor this appeal.