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Legislation Expands County Subdivision Authority

October 1, 2007 by admin

Effective Sept. 1, 2007, SB1867, by Sen. Zaffirini and Rep. Guillen, expands the subdivision regulation authority of most Texas counties. Prior to this legislation, the authority to adopt certain subdivision regulations in Subchapter E, Chapter 232, Local Government Code, was limited to certain urban counties. Section 6 of SB1867 repealed this population bracket. Therefore, the authority granted by Subchapter E is now available to all Texas counties.

The additional authority includes rules and regulations:

To promote the health, safety, morals, or general welfare of the county and the safe, orderly and healthful development of the unincorporated area. However, these rules may not regulate:
the use of a building;
the bulk, height, or number of buildings;
the size of a building; or
the number of residential units per acre.

To require right of way for a major thoroughfare of not more than 120 feet;

To require minimum lot frontages on existing county roads;

To establish reasonable building and set-back lines;

To contract with a developer to participate in construction of public improvements, including buildings;

To require utility connections within a subdivision; and

To require certification of all infrastructure, improvements, or utilities by a registered surveyor or professional engineer.

This legislation also authorizes regulations to require water storage fire suppression systems in any subdivision not served by a fire hydrant equipped water system. Finally, the bill simplifies the re-plat process to correct errors in the original plat.
While this authority is cumulative of and in addition to existing authority, the present exemptions to platting requirements also continue to apply. This legislation provides additional options for counties to provide for orderly, efficient development in the unincorporated area of the county.
For more information, please call me at 1-800-733-0699.
Jim Allison, General Counsel

Filed Under: Miscellaneous

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Dates of Interest for the 88th Regular Session of the Texas Legislature

Official deadlines will be set when the House and Senate adopt their rules, but until then, the Texas Legislative Council Drafting Manual provides the following general calendar: 

Bill pre-filing began:  Nov. 14, 2022 

1st day of session:  Jan. 10, 2023 

60-day bill filing deadline:  March 10, 2023  

Adjournment sine die:  May 29, 2023 

Post-session 20-day deadline for governor to sign or veto:  June 18, 2023 

Effective date (91st day after adjournment):  Aug. 28, 2023

Sample Rules of Procedure, Conduct, and Decorum at Meetings of the County Commissioners Court

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Unfunded Mandate Resolution

The latest resolutions passed by the County Judges and Commissioners Association of Texas and the three Regional Associations are available at the links below.

County Judges and Commissioners Association of Texas Resolutions 2022

North & East Texas Resolutions 2022

South Texas Resolutions 2022

West Texas Resolutions 2023

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