For years, Republican state lawmakers have persistently challenged Texas cities, aiming to limit the influence and power of the state’s predominantly blue urban areas while curbing the growth of progressive policies. A notable instance occurred when Denton residents voted to prohibit fracking within city limits, only for the GOP-dominated Texas Legislature to make such bans illegal. Similarly, when local officials implemented mask mandates during the height of the COVID-19 pandemic, Governor Greg Abbott swiftly overruled their decisions.
Efforts to raise property taxes for public transportation projects, such as Austin’s proposed light-rail line, also faced significant roadblocks from Republican officials. As the 2024 campaign season heats up, Republican leaders have signaled intentions to intensify restrictions on local governments, particularly as cities and counties grapple with significant financial pressures.
However, following the recent elections, local governments in Texas now confront a new landscape. Austin Mayor Kirk Watson expressed optimism, stating, “I don’t think we need to be on the defense the way we have in the past.” With Democrats successfully capturing statewide offices and gaining a majority in the Texas House of Representatives, city and county officials across Texas are beginning to shift away from their defensive stances against Republican incursions on their authority.
Historically, the rapid growth of Texas often left localities feeling abandoned, forced to tackle the consequences of that growth without adequate support from the state. Now, for the first time in decades, there is a potential for collaboration between Democrats controlling major urban areas and state government, which could pave the way for addressing critical issues such as housing, transportation, and economic development.
Fort Worth Mayor Mattie Parker, a Republican, emphasized the importance of partnership, stating, “The number one ask right now is partnership.” Local leaders are now drafting their wish lists for the upcoming January legislative session, advocating for increased funding for transportation, indigent care, and law enforcement.
Travis County Judge Andy Brown highlighted the potential for more productive collaboration, noting, “So many of the things that we are trying to do are going to be so much easier to have a partner that is concerned about helping middle-class Texans.” The alignment between local governments and the state could be further strengthened by Democratic victories at the local level, including the flipping of the GOP-controlled Tarrant County Commissioners Court.
Despite this shift, many of the restrictive laws passed by Republicans remain in effect, and reversing them may take considerable time and political will. While Democrats now control the Texas House, the Republicans maintain a majority in the Texas Senate, leading to potential stalemates on key issues.
One significant question looms regarding the Democrats’ stance on local control. Historically defenders of local authority, they have recently shown a willingness to impose state-level regulations to address the housing affordability crisis. This approach aims to alleviate the housing shortage by easing local restrictions on development, thus increasing the supply of homes and apartments.
Navigating Local Governance
Over the years, Republicans have enacted numerous laws intended to limit local governance. For instance, in response to rising property taxes, GOP lawmakers restricted how much new property tax revenue cities could collect without voter approval. Following the protests after the George Floyd shooting, legislation was passed that prohibited cities from reducing law enforcement budgets without voter consent, effectively stymying local efforts for budgetary reform.
The infamous “Death Star” bill exemplified the Republican push against local authority, prohibiting cities from adopting regulations that exceed state law. Advocates argued this was necessary to prevent local regulations from hindering business growth. Unfortunately, it resulted in the elimination of various local protections, including those concerning worker safety and environmental regulations, while creating confusion about the legality of local ordinances.
With Democrats now in power, there is renewed hope for repealing such restrictive legislation, although the likelihood of swift action remains uncertain, especially given the Republican majority in the Senate. Harris County Commissioner Rodney Ellis reminded constituents that while the new legislature has significant challenges ahead, the priority should be to “just do no harm.”
The enforcement mechanism of the “Death Star” law, which allows private citizens to sue cities over perceived violations, will still be in effect. However, the recent election of Democratic judges may lead to a decrease in the enthusiasm for such lawsuits.
In terms of property taxation, the current limitations imposed by the state are likely to remain as Democrats navigate the political landscape carefully to avoid giving Republicans ammunition regarding tax increases. Yet, the new administration might explore alternative approaches to mitigate the financial pressures cities face.
One avenue for relief could involve expanding Medicaid under the Affordable Care Act, which would provide financial assistance to counties currently spending millions on indigent healthcare. Additionally, as school districts in Texas are mandated to provide armed security on campuses, cities like Fort Worth are looking for state support to help offset costs associated with school resource officers.
Unlike many blue states that allocate funding to cities to support their budgets, it remains unclear whether Texas lawmakers will consider such measures. Monty Wynn, representing the Texas Municipal League, expressed caution regarding any state funding, wary of dependencies or potential strings attached to such arrangements.
In Austin, there is optimism that state interference with Project Connect, a voter-approved public transit expansion including a 9.8-mile light rail line, will diminish under the new Democratic administration. With key officials supporting the initiative, there is hope for a more favorable environment to realize this transportation project.
As local officials envision new possibilities for collaboration, the first Democratic administration in decades offers a fresh opportunity for cooperation, particularly on pressing issues such as housing affordability. However, achieving meaningful partnerships will require time and effort to rebuild trust and create a dialogue that has been sorely missing in recent years.
Addressing Housing Affordability
Housing affordability remains a top concern for Texas voters, and the new Democratic leadership may have limited options beyond enforcing regulations that override city authority. Recent bipartisan legislation aimed at easing housing development, such as Senate Bill 840 and Senate Bill 15, sought to streamline the approval process for new apartments and homes in commercial areas.
Despite the potential benefits of these laws, some cities, particularly in the Dallas-Fort Worth area, have resisted these changes, fearing a loss of local control. Mayor Parker expressed a desire to see some of these laws curtailed to maintain leverage in negotiations with developers regarding community standards.
Housing advocates assert that without state intervention, cities may struggle to tackle the housing crisis effectively. Alex Horowitz of the Pew Charitable Trusts’ Housing Policy project emphasized the need for coordinated efforts, arguing that allowing each apartment development to become a protracted saga would only prolong the housing shortage.
As Texas navigates these complex issues, the new Democratic administration presents an opportunity for local governments to collaborate more effectively with state leaders, potentially paving the way for innovative solutions to long-standing challenges.
