This story was updated at 8:45 p.m.
There are two weeks until the Texas Legislature adjourns sine die, meaning (usually) that its business for the state is complete for the next two years. Some bills that would affect how cities govern never made it out of committee, but there are still plenty to keep a city official up at night. A lot of that proposed legislation, especially if it all passes, has the potential to fundamentally change the way Dallas looks and operates in the future.
Perhaps the biggest piece of legislation is House Bill 2127, which would prevent cities and counties from passing new ordinances or enforcing existing ones that deal with a variety of issues. It made it out of the House and through the Senate’s Business & Commerce committee, was placed on the body’s intent calendar, and survived its initial vote on the Senate floor May 15, 18-13. The body will vote to formally approve the measure on May 16.
The intent calendar is a list of bills that the Senate intends to address at some point in the session. The Senate can only take up bills advanced from the House on Wednesday and Thursday, and there is no specific order as to when they are heard. It’s generally up to Lt. Gov. Dan Patrick to decide which bills will make it to the Senate floor for debate. But if it is heard and is passed in the Senate, it is likely that Gov. Greg Abbott would sign it.
If that happens, Dallas could see ordinances that require water breaks for construction workers and a recently-passed ordinance banning the sale of animals at pet stores become unenforceable.
Ordinances addressing affordable housing and environmental issues like the placement of concrete batch plants, strip club regulations (such as the ordinance requiring sexually-oriented businesses to close overnight), the requirement that city contractors pay their employees a minimum of $15 an hour, and leave policy for city employees are among the things that could become ensnarled in the bill.
The bill’s author, Dustin Burrows (R-Lubbock), says the measure is meant to streamline regulation so that businesses across the state can expect the same rules. State Rep. Jeff Leach (R-Plano), one of the bill’s sponsors, hinted that it was also to keep local control in check.
“Anyone who opposes it either doesn’t understand it OR is intent on retaining their power at the expense of the people,” he said in a Tweet. The business community also supports the measure by and large, too. National Federation of Independent Business state director Annie Spilman said in a statement that businesses “shouldn’t be subjected to the whims of rogue regulators,” adding that the “patchwork of regulations that currently exist in Texas make it more difficult for a business to operate and create jobs.”
Cities and counties predict a flurry of lawsuits that will burden courts and hamstring both city business and the business community while judges figure out whether an ordinance has run afoul of state law.
“The bill strips the power of city residents and their local officials to make decisions they think are best for their communities and punts tough regulatory decisions to the courts,” the Texas Municipal League’s Monty Winn wrote of HB 2127’s Senate companion bill. “It will subject cities to a flood of litigation challenging city ordinances based on claims under eight state codes, which will discourage cities from adopting and enforcing ordinances to protect public health, safety, and welfare.”
But HB2127 isn’t the only bill that could impact the city. A few more include:
SB 929 requires a city to provide written notification of any proposed zoning changes that could create a non-conforming use for a property owner. If the owner is required to close, they would be entitled to get repayment for the cost of doing so. The measure has passed both the House and Senate and is headed for Gov. Greg Abbott’s desk. This could impact cases where residential neighborhoods begin to fight against industrial zoning that was historically placed adjacent to them, such as the case in West Dallas, where the GAF shingle factory sits among homes, a school, a community center, and a library. Currently, GAF says it’s willing to leave the neighborhood by 2029, but neighborhood groups are still considering amortization to declare the plant a non-conforming use.
HB 1922 would require cities to review their building permit fees every 10 years. It is now headed to Gov. Abbott.
HB 3135 would require a city to review its land development regulations every 10 years and produce an impact statement analyzing costs, benefits, and risks associated with any new or changed regulations. It passed the House on May 12.
HB 3699 makes several changes to the approval process for plats and plans and would limit city authority when it comes to checking for completeness on applications. It narrows the various land-use protections cities can ask developers to comply with and doesn’t address other things cities often try to regulate during the platting process, like stormwater drainage, landscaping requirements, and some infrastructure. Opponents also say that it isn’t clear enough about the city’s authority to reject a plat, and it could create confusion and lawsuits. It passed the House and is now in the Senate’s Local Government Committee.
SB491 would prevent large cities like Dallas from adopting or enforcing zoning that would limit the height of a building based on the lot’s proximity to another lot that is more than 50 feet away. The bill passed the Senate and is now awaiting a date on the calendar as of May 12. This has frequently been a discussion in zoning cases in Dallas where a multifamily development is planned near single-family residential development, such as a potential complex in Bonton. Proponents of the measure say it will make it more attractive to build affordable units because more housing can be placed on a single lot. Opponents say it impinges on the privacy and views of established neighborhoods.
SB 1787 would also address land use and zoning by prohibiting ordinances that require residential lots to be larger than 2,500 square feet, wider than 16 feet, or deeper than 30 feet. Ordinances regulating the density of units on a residential lot are also prohibited if the ratio is less than 31.1 homes per acre. The measure passed the Senate and has moved to the House, where it was referred to the Land & Resource Management committee on May 12.
SB 1412 allows accessory dwelling units like garage apartments and granny flats in single-family zoning or unzoned areas by right. It also addresses a city’s ability to regulate ADUs. Dallas currently requires neighborhoods to opt in to allow ADUs. The bill passed the Senate and is now headed out of the House Land & Resource Management Committee.
HB 14 addresses delays in obtaining local building permits by requiring a city to decide on a permit application or inspection within two weeks of their review deadlines. If a city fails to meet that threshold, the application could be reviewed by staff from another city or any licensed engineer in the state. It passed the House but has not made it out of the Senate’s Local Government committee.
HB 2266 would allow state license holders to sue a city if the city’s regulations harm the license holder’s business, especially if the city’s regulations are more stringent than state regulations. It passed the House, and is now in the Senate’s Business & Commerce Committee.
SB 2018, which is aimed at unsheltered individuals sleeping in public spaces, would require a city to create a public camping complaint system and investigate each complaint. It’s passed the Senate and will likely be debated on the House floor on May 18.
SB 221 could change or slow down the process of putting a city proposition on the ballot. It requires the Secretary of State to review and approve the ballot language for city propositions if a registered voter requests it. It passed the Senate, and is now waiting for the House Calendars Committee to vote on whether it makes it to the floor.
HB 2665, which creates a task force to study short-term rental ordinances, made it out of the House but has not been placed on the Senate’s calendar.
Friday will mark the 130th day of the legislative session, which is usually the deadline for Senate bills and resolutions to go to the House if they are going to be heard. House bills sitting in the Senate that don’t make it to the Senate calendar by Wednesday or Thursday of this week are likely also on life support. But dead bills aren’t always dead, either. The substance of a bill left in committee could reappear as an amendment in another bill that is being heard, if there is enough support for it.
In short, by next week, we’ll be rapidly entering the period of the legislative session that is a lot like the final rounds of American Idol: if a bill has made it that far, it has a reasonable shot of landing on the governor’s desk.
The 88th legislative session will end on May 29.
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