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MISCELLANEOUS PROVISIONS

Dallas City Charter ch. XXIV
in effect

Dallas City Charter ch. XXIV, § 1 NO OFFICER OR EMPLOYEE TO ACCEPT GIFT, ETC., FROM PUBLIC UTILITY.

SEC. 1. NO OFFICER OR EMPLOYEE TO ACCEPT GIFT, ETC., FROM PUBLIC UTILITY. No officer or employee of the city shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise, privilege or easement from the city during the term of office of such officer, or during such employment of such employee, except as may be authorized by law or ordinance. Any officer or employee of the city who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and shall forthwith be removed from office.

Dallas City Charter ch. XXIV, § 2 CITY EXEMPT FROM BONDS.

SEC. 2. CITY EXEMPT FROM BONDS. It shall not be necessary in any action, suit or proceeding in which the city or any of its appointive boards or commissions is a party, for any bond, undertaking or security to be executed in behalf of the city, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and the city shall be liable as if such obligation had been duly given and executed.

Dallas City Charter ch. XXIV, § 3 EXECUTION, GARNISHMENT, ASSIGNMENT, ETC.

SEC. 3. EXECUTION, GARNISHMENT, ASSIGNMENT, ETC. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to the city, in the hands of any person, be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer any writ of garnishment on any account whatsoever. Any attempted assignment of wages shall be absolutely void so far as the city is concerned unless authorized by state law and approved by resolution of the city council. This section shall also apply to the property, funds and personnel of appointive boards and commissions of the city council.

Dallas City Charter ch. XXIV, § 4 CONDEMNATION OF DANGEROUS STRUCTURES.

SEC. 4. CONDEMNATION OF DANGEROUS STRUCTURES. Whenever in the opinion of the city council, any building, fence, shed, awning or structure of any kind or part thereof is liable to fall down and injure persons or property, the city council may order the owner or agent of the same or occupant of the premises, to take down and remove the same within such time as it may direct and may punish by fine all persons failing so to do. The city council shall have the additional power to remove the same at the expense of the city on account of the owner of the property and assess the expenses thereof, including condemnation proceedings, as a special tax against the land, and the same may be collected as other special taxes provided for in this Charter, or by suit in any court of competent jurisdiction. The city council shall have full power to condemn all dangerous buildings or obstructions of any kind and may provide regulations therefor by ordinance. All of the provisions of this section may be carried out in such manner as the city council by ordinance may provide.

Dallas City Charter ch. XXIV, § 5 POWER TO REMIT PENALTIES.

SEC. 5. POWER TO REMIT PENALTIES. The city council shall have the right to remit, in whole or in part, any fine or penalty belonging to the city, which may be imposed under any ordinance or resolution passed pursuant to this Charter.

Dallas City Charter ch. XXIV, § 6 FIRE LIMITS.

SEC. 6. FIRE LIMITS. The city council may establish fire limits and prescribe the kind and character of materials to be used in buildings constructed within such limits.

Dallas City Charter ch. XXIV, § 7 BUILDING PERMITS.

SEC. 7. BUILDING PERMITS. The city shall have power to prohibit the erection, construction or repair of any building or structure of any kind within the city without a permit first having been issued by the city for the construction, erection or repair of such building or structure, and may authorize a fee to be charged for such permit, and in pursuance of said authority, may authorize the inspection by the city of all buildings or structures during the progress of their construction and may require that all buildings shall be constructed or repaired in conformity with the building regulations which exist in the city or which shall hereafter be passed.

Dallas City Charter ch. XXIV, § 8 ACQUISITION OF LAND FOR PARK PURPOSES.

SEC. 8. ACQUISITION OF LAND FOR PARK PURPOSES. The city may acquire and appropriate land inside or outside of the city for the purpose of establishing, laying out or enlarging any parks, parkways or pleasure grounds, and to provide that the cost of such land and improvements shall be paid for wholly or in part, to the extent not exceeding the special benefits received by the property owners owning property in the vicinity thereof and benefitted thereby, and for such purpose all of the powers conferred by the Act of the Fortieth Legislature, known as House Bill No. 401, Chapter 283, page 433, of the General Laws, passed by the Fortieth Legislature of the State of Texas, as amended or as may hereafter be amended, are hereby adopted and made a part of this charter, and the same may be used by the city council in the manner and for the purposes of the condemnation of said land and the appointment of commissioners therefor and the assessing of the cost. In making the assessments against property owners specifically benefitted, as well as in condemnation proceedings, the same shall be governed as far as practicable by laws relating to the opening and widening of streets.

Dallas City Charter ch. XXIV, § 9 PUBLIC LIBRARY AND TAX THEREFOR.

SEC. 9. PUBLIC LIBRARY AND TAX THEREFOR. The city shall have authority to establish and maintain a public library or libraries within the city and to cooperate with any person, firm or corporation upon such terms as the city council may prescribe, for the establishment of such public library or libraries. To that end the council shall annually appropriate out of the general revenue of the city, a fund for the support and maintenance of the public library.

Dallas City Charter ch. XXIV, § 10 MUNICIPAL RADIO AND TELEVISION STATIONS.

SEC. 10. MUNICIPAL RADIO AND TELEVISION STATIONS. The city shall have full power or authority to acquire or own, within or without the City of Dallas, either by purchase, donation, bequest, or otherwise, all property that may be necessary for the purpose of establishing a radio and television broadcasting station. The radio and television broadcasting station may be used for the police and fire-rescue communications system and such other communicating systems as the council may deem appropriate. It shall be used for the convenience and edification of the people of Dallas, and for such purpose the city council may appoint a suitable commission to operate and conduct the same, and to exercise all powers in connection therewith. The exercise of the power to operate the radio and television broadcasting station shall be deemed governmental in character and for municipal purposes. (Amend. of 11-8-05, Prop. No. 10)

Dallas City Charter ch. XXIV, § 12 OWNERSHIP OF MAPS, PLANS, WORK PRODUCT, ETC.

SEC. 12. OWNERSHIP OF MAPS, PLANS, WORK PRODUCT, ETC. All maps, plats, plans, profiles, reports, field notes, estimates, and other memoranda of professional work done by the head of any department of the city or under the department head’s direction and control during his or her tenure or term of office, shall be the property of the city. (Amend. of 11-8-05, Prop. No. 13)

Dallas City Charter ch. XXIV, § 13 APPOINTMENT AND TENURE OF COMMISSIONS AND BOARDS.

SEC. 13. APPOINTMENT AND TENURE OF COMMISSIONS AND BOARDS. (a) During August of each odd-numbered year, the city council shall begin the nomination process for all members of the commissions and boards provided for in this Charter or which the city council may provide for by ordinance. Such members shall serve for a term as provided by ordinance by the city council not to exceed two years from October 1 or until their successors are appointed and qualified, except that a member of a board or commission that is only advisory in nature may not hold over in his or her position longer than nine months after the expiration of his or her term or after the creation of a vacancy in his or her position. (b) The city council shall provide by ordinance for each commission and board to have a number of members equalling or exceeding the number of members of the city council, unless otherwise required by law. The appointments to commissions and boards having a number of members equalling or exceeding the number of members of the city council shall be made with each member of the city council having at least one appointment. This subsection does not apply to boards of employee retirement funds or boards to which the city manager is required by ordinance to make nominations. The city council may waive the application of this subsection to a particular board by a vote of three-fourths of the members of the city council. (c) The mayor shall appoint the chair of each commission and board from among the members appointed in accordance with Subsection (b), subject to confirmation by a majority of the city council. (d) It is the policy of the city to include persons of all races and ethnicity in the affairs of city government. Accordingly, the city council shall, as nearly as may be practicable, cause the membership of commissions and boards to reflect the racial and ethnic makeup of the city’s population. (Amend. of 4-3-76, Prop. No. 2; Amend. of 8-12-89, Prop. No. 1; Amend. of 11-8-05, Prop. No. 7; Amend. of 11-4-14, Prop. No. 9)

Dallas City Charter ch. XXIV, § 14 BONDS OF OFFICERS AND EMPLOYEES.

SEC. 14. BONDS OF OFFICERS AND EMPLOYEES. The city council may require any of the officers and employees of the city, before entering upon the duties of their office, to execute a good and sufficient bond with a surety company doing business in the State of Texas, as approved by the city council. The bonds shall be in such amount as the council may demand, payable to the City of Dallas, and conditioned for the faithful performance of the duties of the office. The premium on such bonds shall be paid by the city. Bonds shall be required of the city manager, the chief financial officer, the city controller, the purchasing agent, and the municipal court clerk. (Amend. of 4-2-83, Prop. No. 6; Amend. of 11-8-05, Prop. No. 8)

Dallas City Charter ch. XXIV, § 15 TERMINATION NOTICE OF COUNCIL APPOINTEES.

SEC. 15. TERMINATION NOTICE OF COUNCIL APPOINTEES. All employees appointed directly by the city council shall be given 30 days notice prior to termination of employment, except when dismissed for misconduct in office.

Dallas City Charter ch. XXIV, § 16 LOCAL SELF-GOVERNMENT.

SEC. 16. LOCAL SELF-GOVERNMENT. The enumeration of powers made in this Charter shall never be construed to preclude, by implication or otherwise, the city from exercising the powers incident to the judgment of local self-government, nor to do any and all things not inhibited by the Constitution and laws of the State of Texas.

Dallas City Charter ch. XXIV, § 17 BOARD AND COMMISSION MEMBERS.

SEC. 17. BOARD AND COMMISSION MEMBERS. (a) Other than members of the city council, no person shall be appointed to more than two permanent boards or commissions of the City of Dallas at any one time. Any member of any commission or board appointed by the city council shall forfeit that office if the member misses more than three regular meetings in succession, unless for medical reasons certified to by a physician or unless excused by the board or commission of which he or she is a member and the city council. In such case, the city council shall declare the position vacant and appoint a new member to fill the vacancy. (b) Upon initiation of the councilmember who occupies the city council place of the nominating councilmember, the city council may, by a majority vote, replace a board or commission member prior to completion of the member’s two-year term. (Amend. of 11-8-05, Prop. No. 13; Amend. of 11-5-24)

Dallas City Charter ch. XXIV, § 18 EMPLOYEES’ WAGES.

SEC. 18. EMPLOYEES’ WAGES. The wages, hours and conditions of employment of any and all of the city employees shall be fixed and approved by the city council.

Dallas City Charter ch. XXIV, § 19 REPORTS.

SEC. 19. REPORTS. All departments and boards of the city shall furnish such reports in the form prescribed as may be requested by the city manager or the city council concerning the activities of that department or board.

Dallas City Charter ch. XXIV, § 20 SEVERABILITY PROVISION.

SEC. 20. SEVERABILITY PROVISION. Should any word, clause, phrase, sentence, paragraph, section or chapter of this Charter or amendment thereto, be held invalid by any court of competent jurisdiction, such ruling or judgment shall not affect the validity of any other portion of this Charter or any amendment thereto, but same shall remain in full force and effect, the provisions hereof being severable.

Dallas City Charter ch. XXIV, § 21 TRANSITIONAL PROVISIONS TO THE 1989 AMENDMENTS.

SEC. 21. TRANSITIONAL PROVISIONS TO THE 1989 AMENDMENTS. Amendments to this Charter that are approved at an election on August 12, 1989 create a new system of government that requires an orderly transition. Accordingly, the following transitional provisions shall apply: (1) The next regular general election for members of the city council scheduled under the present Charter for May, 1991 is deferred to and shall be held on the official election date in November, 1991. Any runoff elections shall be held two weeks after the general election. All general elections thereafter shall be held on the first Saturday in May of odd-numbered years or on such other date as shall be fixed by law. (2) The candidate filing dates that are prescribed in the present Charter are, for the year 1991 only, reestablished at later dates in 1991 that contain the same number of elapsed days prior to the general election date as are provided in the Charter for the May, 1991 election. (3) The terms of office of the persons holding office as members of the city council on the first Saturday in May, 1991 are extended to the date that their successors are elected and qualified after the general election in November, 1991. Persons elected to the city council at the November, 1991 general election shall serve until their successors take office after the May, 1993 general election (except for the holder of the office of mayor who shall serve until the May, 1995 general election). Thereafter, the terms of office shall be as prescribed in this Charter, as amended. (4) In applying the limitations on the terms of office of members of the city council who first took office prior to November, 1991, the limitations shall be measured from the date the member first took office on the city council, and the period from November, 1991 to May, 1993 shall be counted as one term. If, upon adoption and implementation of these amendments, a person will have served as mayor for two consecutive terms, those two terms shall be considered as equivalent to one four-year term in calculating eligibility for an additional term in the general election held in November, 1991. (5) Sections 1, 2, 3A, 4, 5, 9, and 14 of Chapter III; Sections 3, 4, 5(a), 6, 7, and 8 of Chapter IV; Section 1 of Chapter XVI; Section 2 of Chapter XVII; and Section 13 of Chapter XXIV shall take effect on the date council members take office after the general election in November, 1991, except that for the purposes of preparing city council district lines and for filing for candidacy in that election, they shall take effect immediately. (6) Section 13 of Chapter III, Policy-making Procedures and Oversight Responsibilities, shall take effect January 1, 1990. (7) Section 5(b) of Chapter IV, Redistricting Commission, shall take effect January 1, 1991. (8) All city charter amendments not referred to in Subsections (5), (6), and (7), adopted at the August 12, 1989 election, shall take effect immediately. (9) Notwithstanding any other provision of this section, no amendment that is approved at the election on August 12, 1989 shall be effective unless and until the Voting Rights Section of the Civil Rights Division of the United States Department of Justice issues a letter interposing no objection to the implementation of the amendment, if voting rights review is required for the amendment. (Amend. of 8-12-89, Prop. No. 1) [NOTE: The wording and structure of this section may appear unusual or incomplete because of selective preclearance by the United States Justice Department of the August 12, 1989 charter amendments to this section].

Dallas City Charter ch. XXIV, § 21[A] SAVINGS PROVISION.

SEC. 21[A]. SAVINGS PROVISION. The repeal of any provision, section or chapter of any charter by the amendments to this Charter shall not affect or impair any act done or obligation, right, license, permit or penalty accrued or existing under the authority of the provision, section or chapter repealed. Such provision, section or chapter shall be treated as still remaining in force for the purpose of sustaining any proper action concerning any such obligation, right, license, permit or penalty. In addition, any franchise, contract, permit or license obtained under any provision, section or chapter repealed by any amendments to this Charter shall remain effective for the term and under the conditions prescribed by the repealed portion under which the franchise, contract, permit or license was granted or issued; provided that if the franchise, contract, permit or license provides that the same shall be governed by the Charter of the City of Dallas, as amended, then the amended section shall control. All civil and criminal ordinances and all resolutions of a general and permanent nature in force and effect when this Charter or any amendment thereto shall become effective, which are inconsistent or in conflict with this Charter or any amendment thereto, are hereby repealed except as herein provided. Where any such civil or criminal ordinance or resolution of a general and permanent nature in force and effect when this Charter or any amendment thereto, shall become effective is consistent with and not in conflict with the provisions hereto, same shall continue in full force and effect unimpaired by the provisions hereof.

Dallas City Charter ch. XXIV, § 22 DALLAS FREEDOM ACT.

SEC. 22. DALLAS FREEDOM ACT. (a) This policy in this section shall be known as the Dallas Freedom Act. (b) Pursuant to the home rule authority of the Texas Constitution, to promote the health, safety, and general welfare of the people of Dallas, Texas, the voters of Dallas hereby enact the Dallas Freedom Act, a policy to reform marijuana enforcement by city personnel, with the specific goals of carefully allocating scarce city resources, reducing the risk of discriminatory enforcement practices, and focusing city resources on the highest priority public safety concerns. (c) Unless and until a binding act of a state or federal court requires otherwise, the Dallas Police Department shall not make any arrest or issue any citation for Class A or Class B misdemeanor marijuana possession, except in the limited cases described by this policy. (d) In the event of a binding act of a state or federal court which would prevent the City of Dallas’s fulfillment of Subsection (c), the city’s policy shall be to make enforcement of Class A and Class B misdemeanor marijuana possession its lowest enforcement priority. In particular, the city shall update its annual budget, police department manual, and relevant policies and procedures to ensure that public safety resources are not wasted on misdemeanor marijuana enforcement, and are instead targeted at other programs that best promote the health, safety, and general welfare of the people of Dallas. (e) This policy shall not limit enforcement of misdemeanor marijuana possession offenses if an offense is: (1) revealed as part of a felony narcotics investigation that has been designated as “high priority” by a commander, assistant chief of police, or chief of police; and/or (2) revealed as part of the investigation of a violent felony. Dallas police officers shall not issue any charge for misdemeanor possession of marijuana unless it meets one or more of these exceptions. (f) In any instance governed by this policy, if a Dallas police officer has probable cause to believe that a substance is illegal marijuana, the officer may seize the substance. If the officer seizes the substance, they must write a report explaining the grounds for seizure and release any detained person if possession of marijuana is the sole charge. (g) A Class C misdemeanor citation for possession of drug residue or drug paraphernalia shall not be issued in lieu of a possession of marijuana charge. (h) No city funds or personnel shall be used to request, conduct, or obtain tetrahydrocannabinol (THC) testing of any cannabis- related substance to determine whether the substance meets the legal definition of marijuana under state or federal law, except: (1) for purposes of toxicology testing to ensure public safety; or (2) the investigation of a violent felony offense. (i) Dallas police shall not consider the odor of marijuana or hemp to constitute probable cause for any search or seizure, except in the limited circumstances of a police investigation pursuant to Subsection (e). (j) The city manager and chief of police shall ensure that: (1) city policies and internal operating procedures are updated in accord with this policy; and (2) Dallas police officers receive adequate training concerning each of the provisions of this policy. (k) Any violation of this policy may subject a Dallas police officer to discipline as provided by the Texas Local Government Code or as provided by city policy. (l) The city manager, in consultation with the chief of police and other relevant city personnel, shall prepare quarterly reports concerning the implementation of this policy, to be presented to city council at a public meeting subject to the Texas Open Meetings Act, and with the first report due no later than 120 days following the effective date of this policy. Each report shall include a summary of the city’s implementation of this policy and shall include specific information concerning enforcement of misdemeanor marijuana possession offenses, including total arrests made, total citations issued, estimated personnel hours used in conducting enforcement activities, and demographic information for each person charged with an offense, including age, gender, race, and ethnicity. Each quarterly report shall also be submitted to the Chair of the Community Police Oversight Board at the same time it is made available to city council. (m) In the event that any court finds any subsection of the Dallas Freedom Act to be unlawful or unenforceable, that subsection shall be severed from this policy and the rest shall continue in force. (Amend. of 11-5-24)

Dallas City Charter ch. XXIV, § 23 PERFORMANCE DEADLINES.

SEC. 23. PERFORMANCE DEADLINES. If the last day for performance of an act is a Saturday, Sunday, or national, state, or local holiday, the act is timely if performed on the next regular business day. (Amend. of 11-5-24)
Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-50786Fetched: 10/26/2026

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