THE HOME BUILDER
February 2025
Page Two
The HomeFront Government Affairs News and Info
David Lehde Director of Government Affairs
Association Advocacy Heats Up Winter on the Home Front
another location mutually agreed upon. Additionally, a municipality may not prohibit the removal of a tree that is diseased, dead or poses an immediate threat to persons or property. The bill serves as a catalyst for property owners to plant trees, while municipalities maintain broad lati- tude when it comes to regulating the methods for and fees associated with tree removal. The legislative protection was proposed by the Dallas Builders As- sociation and carefully advocated through the House and Senate by the Texas Association of Builders. The bill’s negotiation was a sensitive pro- cess that involved both Associations through a regular and special session. In 2019, House Bill 2439 made its way through the legislative process. The important piece of legislation created a provision in state law that prohibits the use of building codes or other local ordinance powers to dictate product specific mandates in construction. These mandates result in the direct or indirect prohibition of other products approved by nationally recognized codes and standards. A government mandate for or against construction products creates a barrier to homeownership that prohibits thou- sands of Texans from enjoying access to great communities and schools. If the products have been ap- proved as safe for installation per consensus-based building codes and the installation of these products ad- heres to nationally adopted codes and standards for construction, they should be available for homeowners. HB 2439 was enacted with the intent to assure that availability. But the work is never done. In this 89th, housing affordability is a topic that many at the State Capitol have on their mind. Permitting issues, development fees, timelines, and the cost to provide a roof over the heads of Texans will remain in the conversation. Members should rest assured that the team at the Texas Association of Builders, with the support and engage- ment of the Dallas Builders Associa- tion, will be fighting for our industry.
Burrows of Lubbock. The Senate and House will now proceed with the state’s business, with the budget as the most pressing of the many issues it will address. With an eye toward preserving the dream of home ownership in Texas, the Texas Association of Builders will work long days for the next sev- eral months on behalf of Association members. The Dallas Builders Associa- tion’s mission is to support all seg- ments of the residential building industry by enhancing our members’ ability to provide quality, affordable and sustainable housing. One of the avenues the Association uses for this is advocacy, including supporting the industry’s statewide efforts in coor - dination with the Texas Association of Builders. The benefits this federation has The Value of Association’s Advocacy to You achieved for our members through critical legislative victories cannot be understated. Two laws, passed with the support, and even drafting, of the Dallas BA worth noting are related to assuring property owners are given credit against fees for planting trees and that there is not a direct or indirect prohibition of other products approved by nationally recognized codes and standards. House Bill 7 was approved by the Texas Legislature in 2017. The law requires municipalities to apply a credit of at least 50 percent (40 per- cent for commercial projects) of the fee assessed for removing a tree on a residential development if the property owner plants a qualified tree. For homes that are a personal residence, a fee may not be assessed to remove a tree less than 10 inches in diameter, and a 100 percent credit must be provided when a qualified tree is planted. Specifically, a planted tree must be at least two inches in diameter (4.5 feet above ground) and the mu- nicipality can specify the species and method for replanting. The tree may be planted either on the property or in
months, vehemently opposed multiple municipal, and county, regulations impacting development. In September, the Dallas BA voiced our concerns about a then proposed development moratorium in Princeton. In addition to citing conflicts with state statutes, the Association also warned that the city’s action would likely lead to an open-ended moratorium. The Asso- ciation’s concerns were shown to be warranted when Princeton extended their moratorium on development in January. Dallas BA has also sought clari- fication from the Rockwall County Commissioner’s Court regarding an apportionment the county assessed in their subdivision and land use regula- tions. The implementation of a school infrastructure fee raises questions of an unallowable impact fee. Under state law, counties can only install apportionments for actual coun- ty infrastructure, under limited circum- stances. Then Dallas BA opposed an anti-monotony amendment passed by a portion of the Heath City Council. The ordinance disallows single-family dwelling units to be of similar appear- ance to any dwelling units within 5,280 feet. That is one mile. This will be an evolving situation. The Texas Legislature gaveled in on Jan. 14 for the start of the 89th Session. What is always an interesting operation is made more so with the introduction of 31 new (freshman) members in the Texas House of Rep- resentatives. The first order of business in the House was the election of Speaker, which is now the Honorable Dustin Texas Legislature
Dallas BA Weighs in on Dallas Parking Code Amendment The Dallas Builders Associa- tion has been monitoring a proposed amendment to the City of Dallas’s parking code and, leading up to a recent public hearing, weighed in with our concerns to the City Plan Commission. The proposed ordinance attempts to address a needed fix in Dallas; that the city is over-parked. Development regulations have taken an impractical approach to residential parking for multifamily construction. The ordinance proposes doing away with the minimum requirement. It does not, however, mean that there would be no parking at the new de- velopments. It simply aims to allow developers to build out parking that truly fits the needs of their project. Dallas BA has voiced our concern regarding needed language changes that, if not amended, could be in- terpreted to apply a Transportation Demand Management Plan to single- family. Dallas BA has received assur- ances from city staff that this is not the intent. There are provisions that would require multifamily builders to include alternative transportation options that, in recent years, have been common in many multifamily developments. Dallas BA will continue to weigh in on the proposed regulation as it winds through city hall. Members with questions should contact the Associa- tion’s Director of Government Affairs. Dallas BA Continues to Raise Ques- tions About the Legitimacy of Some Local Ordinances The Association has, in recent
The Home Builder is published monthly by the Dallas Builders Association at 5816 W. Plano Pkwy., Plano, Texas 75093. Telephone 972-931-4840. BARCIE VILCHES, Editor
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