Worried about waking up to the sound of roosters? Hate the sound of gas-powered leaf blowers? The City of Dallas is trying to figure out if it can do much about that.
City officials are working on how to comply with new state legislation that some see as a threat to local control. That comes after the approval of multiple new “preemption” bills during a contentious state legislative session that ended in late May.
Members of the city’s Ad Hoc Legislative committee were briefed on how the city would navigate the new rules at a Monday meeting.
The bills will require multiple code amendments or policy changes that include limits on how the city deals with agriculture, a prohibition on teen curfews and a new process for individuals to create cemeteries within city limits.
Out of the 150 bills that the city attorney’s office reviewed, only a handful will require significant changes at the local level. Casey Burgess is the chief of municipal regulatory. He says most bills will not affect the city.
“There are 15 that will require a code amendment,” Burgess said during Monday’s briefing. “And there are 14 of those bills that will require some policy change at the staff level, but no code amendment.”
New cemeteries
One piece of legislation that was passed earlier this summer, House Bill 783, requires that city officials create a process that will allow individuals to apply to build cemeteries within city limits.
“Currently, the city does not allow any new cemeteries other than ones related to the military, the National Cemetery,” Chief of General Counsel Bertram Vandenberg said.
Organizations, business and individuals will be able to apply to create the cemeteries — using the city’s public safety and health zoning standards.
Vandenberg says there are other cemeteries currently within city boundaries allowed by special use permits. He says the city could possibly expand the eligibility of those permits.
“That can become part of the application process,” Vandenberg said. “We will have to amend Chapter 11 to allow new cemeteries. It’s actually a pretty straightforward one.”
Agricultural updates
On the other hand, HB 1750 is not as straightforward. The bill added new regulations related to agriculture at a local level.
“What it really does is place limits on the city’s ability to regulate the height of vegetation,” Vandenberg said. “It also limits our ability to control animals, specifically dogs that are used in livestock operations.”
The bill will also allow individuals to essentially farm in their front yard. Vandenberg says because the bill moved so fast through the process — there was not a lot of time for discussion about the specific details.
Vandenberg says a few code amendments are needed related to crop production, urban farming — and the “keeping of roosters.” Currently, city code prohibits individuals from keeping roosters within the city but the legislation changes that.
Mayor Pro Tem Member Tennell Atkins says that hasn’t stopped people in District 8 from having them — and causing issues.
“Thousands and thousands of roosters and cock fighters in District 8,” Atkins said. “You got gambling going on, people getting killed. It’s a big problem.”
The bill also says the city has to allow “normal agricultural practices.” Vandenberg says the city is still confused on some of the issues in the bill — and there’s a larger hurdle.
“Most of the rules are contingent on Texas A&M producing a manual regarding the best practices,” Vandenberg said. “They have not produced this manual yet…so we can’t really base our regulations on anything because we don’t have the manual yet.”
City Attorney Tammy Palomino says the uses Atkins is referring to is already illegal under the penal code.
Public notice
The city will also have to amend certain codes related to how individuals are notified about public hearings. Senate Bill 929 requires a city to provide a written notice of any public hearing related to a proposed zoning change that “could result in the creation of a nonconforming use.”
“It says that we have to send that notice to each owner of real or business personal property, and also each occupant of the property,” Burgess said.
The bill also requires the city offer the owner of a property deemed a nonconforming use, a “choice of remedy.”
“They can either chose to amortize their property, that’s the normal board of adjustment process that’s in place right now,” Burgess said. “Or they can choose to be paid their cost of shutting down and relocating their business.”
Two sections of the city code will be updated to meet these new state requirements.
Moving forward
Some bills — like SB 1017 that essentially preempts which energy sources local governments can regulate — require no action on the city’s part, other than stopping planned ordinances.
“While this doesn’t require this to come back to council…it will stop the future leaf blower conversation, because we are no preempted specifically on it,” Vandenberg said.
City officials have been planning an ordinance to limit gas powered lawn equipment — specifically leaf blowers — for months.
HB 1819 will prohibit local governments from adopting or enforcing juvenile curfews, except in emergency situations.
City officials say the city attorney’s office has already started drafting code amendments and the different city departments will be briefed in the coming weeks. All new legislation goes into effect September 1, 2023.
Got a tip? Email Nathan Collins at ncollins@kera.org. You can follow Nathan on Twitter @nathannotforyou.
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