Severability Clause in Fort Worth City Code

General Governance and Administration Texas 4 Minutes Read · published February 06, 2026 Flag of Texas

The severability clause helps protect the remainder of a city ordinance if one part is later found invalid. In Fort Worth, Texas, severability language appears in the city code and related ordinance texts; reviewing the adopted ordinance text and the municipal code is the starting point for officials, lawyers, and residents seeking to understand how an invalid provision would affect the rest of a law. The guidance below explains typical effects, enforcement roles, practical steps to confirm clause wording in Fort Worth, and how to challenge or seek clarification.

What a severability clause means

A severability clause states that if any provision, phrase, or application of an ordinance is declared invalid by a court, the remainder of the ordinance remains effective unless the valid portions are inseparable from the invalid ones. In Fort Worth this is interpreted in context of the city code and the specific ordinance adoption language; consult the official ordinance and codified text for the enacted wording City of Fort Worth Ordinances & Codes[1].

A severability clause preserves enforceable provisions when a court removes only a portion of an ordinance.

How severability operates in practice

  • Review the ordinance adoption resolution or ordinance text to find the exact severability wording and any saving clauses.
  • Check the codified version in the municipal code for any editorial adjustments or codification notes.
  • Contact the City Secretary or City Attorney for official records or interpretation requests.

Penalties & Enforcement

Severability clauses themselves do not create penalties; they preserve remaining enforceable provisions of an ordinance. Specific fines, penalties, or criminal provisions are set elsewhere in the ordinance or code. Where the codified ordinance includes penalties, enforcement and appeal follow the procedures in those sections and the city enforcement regime.

  • Fine amounts: not specified on the cited page for severability itself; see the specific ordinance or Fort Worth municipal code for amounts Ordinances & Codes[1].
  • Escalation (first/repeat/continuing offences): not specified on the cited page for severability; consult the offending ordinance or code section for escalation terms Fort Worth Code Compliance[2].
  • Non-monetary sanctions: orders to comply, injunctions, abatement, and court actions may apply under the enforcing ordinance; specific remedies depend on the provision and are set in the applicable code section (not specified on the cited severability page).
  • Enforcer and inspection: Code Compliance enforces many local ordinances and coordinates inspections; legal enforcement and declaratory actions are handled by the City Attorney's office Code Compliance[2] and City Attorney[3].
  • Appeals and review: appeal routes vary by subject (municipal court, administrative hearing, or civil court); specific time limits for appeals are not specified on the cited severability page and must be found in the enforcement section of the ordinance or the municipal code.
  • Defences and discretion: common defences arise from permits, variances, or constitutional challenges; severability does not prevent judicial review of the underlying provision.
Severability clauses protect the rest of an ordinance unless the remaining provisions are inseparable from the invalid part.

Applications & Forms

There is no separate application or form to invoke a severability clause; enforcement and challenges are pursued through the processes established for the ordinance at issue. For official ordinance text and codified language, contact the City Secretary or review the municipal code online City of Fort Worth Ordinances & Codes[1].

Action steps

  • Locate the enacted ordinance and its severability clause in the municipal code or ordinance record.
  • Contact Code Compliance for enforcement questions and the City Attorney for legal interpretation.
  • If affected by a challenged provision, consult a lawyer and consider filing for declaratory relief or raise the issue in the applicable administrative or court proceeding.
When in doubt, obtain the exact adopted ordinance text rather than relying on summaries.

FAQ

What is a severability clause?
A clause stating that if part of an ordinance is invalidated, the rest remains effective unless inseparable from the invalid portion.
Does a severability clause change penalties?
No; it does not create or change penalties—penalties remain as written in the specific ordinance or code section.
Who enforces ordinances affected by severability questions?
Enforcement is handled by the department assigned by the ordinance (often Code Compliance) and legal actions are managed by the City Attorney; review the ordinance and contact those offices for specifics.

How-To

  1. Find the enacted ordinance and read the severability clause in the municipal code or ordinance record.
  2. Confirm whether the ordinance includes penalty or enforcement provisions that remain applicable if a part is struck.
  3. Contact Code Compliance or the City Attorney for official guidance and records.
  4. If needed, pursue administrative appeals or court review with legal counsel.

Key Takeaways

  • Severability preserves the remainder of an ordinance unless the parts cannot operate independently.
  • Always verify the exact adopted ordinance text through the City Secretary or municipal code.
  • Enforcement and appeals follow the procedures in the ordinance and municipal code; contact the appropriate city office for specifics.

Help and Support / Resources

  1. [1] City of Fort Worth — Ordinances & Codes
  2. [2] City of Fort Worth — Code Compliance
  3. [3] City of Fort Worth — City Attorney

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