The State of Texas v. The City of Houston, The City of San Antonio, and The City of El Paso

Summary

This dissenting opinion addresses the denial of en banc reconsideration in a constitutional challenge to Texas House Bill 2127, known as the “Death Star Bill,” which limits certain municipal regulations. Justice Karin Crump concludes that the case presents extraordinary circumstances warranting en banc review and that Houston, San Antonio, and El Paso have standing to challenge the statute.

Holdings

1. The majority denied the cities' motion for en banc reconsideration; the dissenting judge would have granted the motion because the case presented issues of statewide significance and extraordinary circumstances.
2. The dissenting judge would have concluded that Houston, San Antonio, and El Paso had standing to assert their constitutional challenges to HB 2127. The majority had previously concluded that the cities lacked standing.

Questions Presented

1. Whether extraordinary circumstances and issues of statewide significance warranted en banc reconsideration under Texas Rule of Appellate Procedure 41.2(c).
2. Whether the cities had standing to assert their claims that HB 2127 was unconstitutional.

Disposition

other