Aug 29 (Reuters) - Texas was sued on Thursday by a
nonprofit whose members support environmentally-friendly
policies, and which seeks to block a state law targeting
businesses that support reduced reliance on fossil fuels.
The American Sustainable Business Council said the 2021 law
known as Senate Bill 13 violates members' free speech rights by
banning Texas from investing in or contracting with businesses
that, in the state's view, "boycott" the oil and gas industry.
Texas is the largest and among the most prominent
Republican-led states to crack down on businesses whose
environmental, social and governance (ESG) policies it dislikes.
It is also easily
the largest U.S. oil producing state
.
State Attorney General Ken Paxton and Comptroller Glenn
Hegar, both Republicans who support the 2021 law, were named as
defendants in the lawsuit filed in Austin, Texas federal court.
Representatives from their offices did not immediately
respond to requests for comment.
In connection with the 2021 law, Hegar maintains a list of
16 financial companies and more than 350 investment funds whose
ESG policies he believes impermissibly target fossil fuel-based
energy.
Hegar added British bank NatWest ( NWG ) to the list two
weeks ago. In March, the Texas Permanent School Fund said it
would yank $8.5 billion of assets under management from
BlackRock ( BLK ), which is also on the comptroller's list.
The American Sustainable Business Council said Senate Bill
13 has harmed its corporate and individual members, who
represent more than 200,000 businesses, despite Texas portraying
itself as a business-friendly state.
Two members, Etho Capital and Our Sphere, have funds on
Hegar's list.
"The law violates the First Amendment by barring companies
from competing for state investments or contracting with the
state whenever Texas believes those companies espouse a
disfavored viewpoint about fossil fuels," the complaint said.
"Because SB 13 codifies viewpoint-based discrimination, it is
presumptively unconstitutional."
The case is American Sustainable Business Council v. Hegar
et al, U.S. District Court, Western District of Texas, No.
24-01010.