Posted by:
Scott_McDonald
at Mon Apr 21 08:47:14 2008 [ Email Message ] [ Show All Posts by Scott_McDonald ]
Local ordinance stringency is not the issue. Rather, the issue is whether local ordinance can "Ban" an activity deemed as legal by Texas Statute.
Consider a driver's license for a moment. While a local ordinance can regulate how you drive, the ordinance cannot suspend your license. That is at the discretion of the state.
Another-30TAC285 as relating to On-Site Sewerage Facilities regulation: While local regulations can be more strict than TCEQ, where an OSSF is the only option for blackwater waste disposal, utilizing an OSSF can not be banned by local ordinance.
Also: When the City of Richardson's breed-specific ban(1990) was found to circumvent Texas Penal Code, the Texas Legislature closed the loophole inside TAC regarding breed-specific bans the following years(1991 or 1992, I can't remember).
Another: Local governments had their asses handed to them repeatedly over attempted widespread banning of handgun possesion by CHL holders. It is a state permit, so local government can only regulate their employees and their buildings-period.
It is quite clear in OAG opinions, supreme court cases, and the Texas Constitution: Local government cannot encroach upon activities allowed by Texas Statute.
With regard to this situation, ALL the reptiles listed as "ownership with permit allowed" are exactly that...Permitted. Those listed animals, and only those-CANNOT BE BANNED by local government.
Where local government would have citizenry believe they can be as strict as they like, this is simply not the case.
Unfortunately, since local governments are notoriously stubborn, it will have to be tested in the court system. IMHO, a case such as this will go to the supreme court, and will quite possibly have an OAG opinion as well.
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RE: Question about TP&W permits etc.. - Scott_McDonald, Mon Apr 21 08:47:14 2008
