Neighborhoods need a way to tell Austin to keep its nose out of local business | Opinion
As a result of new state legislation, Fort Worth is losing its ability to oversee important local concerns. Bills passed and others proposed in the Legislature this year are indicators of Austin’s overreach into local government responsibilities.
The most significant, House Bill 2127, demonstrates the Legislature’s open attempt to chip away authority from cities. This is especially a challenge to “home rule” cities such as Fort Worth. The bill effectively prevents cities from regulating a wide number of common activities in sectors such as agriculture, finance, insurance, labor, natural resources and workplace practices.
The law, which some opponents call the “Death Star bill” because of its sweep, For example, it clearly states that cities may not “adopt, enforce, or maintain an ordinance or rule that restricts, regulates, limits, or otherwise impedes a business involving the breeding, care, treatment, or sale of animals or animal products.” This language includes everything from a breeding operation to a rendering plant; they would have no significant city oversight if they’re operating under state permits. Cities now must decide what “local” regulations must be amended and the effects on permit approval processes.
House Bill 3921 exemplifies the changes proposed in both the House and Senate. It would have obliterated zoning for existing residential neighborhoods. It would have allowed changes that would permanently alter neighborhoods enjoyed by Fort Worth residents.
The average size lot permitted today for a home in Fort Worth is about 5,000 square feet. The bill, which passed the Senate but did not receive a vote in the House, would allow lots to be as small as 1,400 square feet and would permit density changes to neighborhoods to as much as 31.1 lots per acre. This would allow developers to go into existing neighborhoods and put in tiny lots.
Developers could buy lower cost properties and develop density and more expensive properties. Consider the older established neighborhoods that would be subject to higher property taxes. This would create uncertainty for older or lower-income residents. Stripping a city’s zoning authority is irresponsible and a detriment to all our neighborhoods in Fort Worth.
It’s good that the bill didn’t become law, but its supporters will no doubt try again.
Another example of legislative overreach is House Bill 3526, which states that “a municipality may not apply building codes to the construction of a solar pergola,” an outdoor awning or covering using solar panels.
Really? This bill, which Gov. Greg Abbott signed into law, shows the fallacy of the state not fully thinking out long-term impacts. What does it have to do with current building codes? They are written to establish structural integrity and reasonable safeguards for public safety, such as fire and electrical standards. If these concerns are unimportant, why do we have building codes throughout our city, county and state?
It is time to vigorously push back against the current governing attitude in Austin. A grassroots effort is needed to establish a nonpartisan homeowners association for residents in neighborhoods of “home rule” cities such as Fort Worth. The group would monitor proposals, inform residents and make sure residents’ concerns are expressed when legislation is being written.
The association’s focus should be on protecting a homeowner’s rights and nothing else. Politics be damned — the protection of residents’ rights must prevail.
Thomas Jones is a regulatory consultant and has served as a former Board Member and President of the Neighborhood Association of Lost Creek Estates in Fort Worth.
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