Navigating the Texas Regulatory Consistency Act: A Guide for Employers

On September 1, 2023, the Texas Regulatory Consistency Act, or House Bill 2127, will be coming into effect. For employers across the state, particularly those who are concerned about local ordinances when conducting employment screening, this Act may add some consistency and clarity. Let’s explore what this means for businesses operating in Texas.

Understanding the Shift

The Texas Regulatory Consistency Act has been crafted with the intention of streamlining regulations across Texas. Its primary aim is to prevent cities and counties from enforcing or enacting rules that conflict with state statutes, unless expressly permitted by another law. With this Act, businesses can expect a more standardized regulatory landscape, particularly in areas ranging from workers’ rights to property matters.

Central to the Act is the concept of preemption, where state laws will have precedence over local ordinances. In practical terms: if a local law conflicts with a state law, the latter will prevail. This ensures that businesses have a uniform set of guidelines to follow, regardless of the city or county in which they operate.

The Act is fairly broad — while it does not cover […]