Despite the Texas Legislature’s ongoing work in Austin, many new state laws passed during the regular session will go into effect Sept. 1. Reports say that the Texas Legislature will convene a third time in October concerning school vouchers. The first two special sessions dealt with property taxes, also a hot-button local issue.
In an Aug. 14 meeting of the Dallas City Council’s Ad Hoc Committee on Legislative Affairs, members worked to decipher recent legislation and what it means for local policymakers and residents.
District 12 Councilwoman Cara Mendelsohn chairs the committee and said its No. 1 priority is to resolve a $3 billion police and fire pension deficit, as required by the legislature.
State Legislative Update
Legislative Director Clifford Sparks from the city’s Office of Government Affairs said his staff accomplished 25 of 34 priority objectives set forth by the Dallas City Council in the Texas legislative session that wrapped up in May.
“The legislature was very generous, but they give and they take away,” Sparks said. “There were definitely some things that happened that we didn’t want to happen.”
The city testified on behalf of or was involved in about 700 pieces of legislation.
“It takes a team to get this done,” Sparks said. “The lobby team definitely did their part, but when we have chairpersons come down, when we have council folks come down when we have different staff people come down and testify on our behalf, it really makes a difference. It’s also been said that we testify more than any other city. They would agree that we carry the water for the entire state when it comes to legislation that affects municipalities.”
House Bill 2017 on workforce housing was “a huge step in the right direction,” Sparks said.
The city got more funding for its 911 center with the help of “one-man wrecking crew” Republican Sen. Kelly Hancock of Tarrant County.
Dallas lobbyists got $20 million for a regional training facility at the University of North Texas Dallas, $5 million for the Southern Gateway deck park, and $2 million for closed-circuit TVs for a neighborhood safety program.
They also successfully blocked legislation that would have prevented the Dallas City Council from enacting local governance around short-term rentals, Sparks said.
“We’ve had a huge burden of trying to allow you to keep your ability to make decisions locally,” he said. “Bills like that, that would thwart your attempt to even be able to make some decisions that you’ve made recently, that could’ve been a huge problem.”
Denton, Arlington, Plano, and Waco have joined the City of Houston’s legal action against Texas House Bill 2127, deemed the “Death Star Bill,” claiming it circumvents the home-rule authority guaranteed to municipalities by the Texas Constitution. A hearing on the matter is set for Wednesday.
City of Dallas Code Updates
Executive Assistant City Attorney Casey Burgess said his office reviewed 150 bills and only about 15 require a code amendment that will go before the Dallas City Council in the near future. Fourteen require a policy change at the staff level but no code amendment.
There’s really no other way to say this: at the Aug. 14 committee meeting, the discussion turned to residential roosters. House Bill 1750 allows property owners to have roosters, although the animals are prohibited by the current city code.
“The roosters are really all the talk of this bill,” Mendelsohn said. “Are we just not going to enforce it?”
Mayor Pro Tem Tennell Atkins said there are thousands of roosters and a problem with illegal gambling and cockfighting — activities prohibited by the penal code — in District 8.
“We need to do something starting today,” he said. “It’s not about discussion. It’s about, are you going to do something? It’s on the books right now. It’s one of the biggest problems we’ve got in District 8.”
Officials clarified that roosters are regulated by Dallas Animal Services, not Code Compliance.
Interim City Attorney Tammy Palomino reminded committee members that the bill takes effect Sept. 1.
“Right now they are enforcing against that and we will make sure it’s communicated to council the plan going forward,” she said.
There’s also a question of how the legislation would intersect with existing homeowners’ association guidelines. Some of the bills “just flew through” without an opportunity for clarification, staff attorneys explained.
Attorneys also reviewed some potential code changes related to development review, cemeteries, parkland dedication fees, and residents requesting removal from the city’s extraterritorial jurisdiction.
