During the 2017 Texas legislative session, protecting property rights from violations by local governments was a recurring subject and the source of great controversy. Legislators introduced bills to rescind local ordinances pertaining to plastic bag bans, tree removal, short-term rentals, and more. Gov. Gregg Abbott called a special session largely for the explicit purpose of addressing property rights issues.
While these efforts at protecting property rights are admirable and worthy of our support, they amount to stomping on smoldering embers while a forest fires rages. Local governments will continue to pass ordinances that violate property rights faster than state lawmakers can override them.
State legislators have three options moving forward:
- Legislators can turn a blind eye to these ordinances, allowing local governments to enact ordinances that they believe reflect the desires of the citizenry. This will encourage more rights-violating ordinances.
- Legislators can continue with the piece-meal approach, but this distracts them from other issues. Local government officials will continue to dream up more ordinances that will require a growing amount of the legislature’s attention.
- Or, the legislature can address the issue in a more comprehensive and principled manner.
Click here to download the full policy brief.