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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to establish drainage |
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utilities, impose drainage fees, and regulate land use for the |
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purpose of flood management. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 240, Local Government |
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Code, is amended by adding Section 240.906 to read as follows: |
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Sec. 240.906. LAND USE REGULATION FOR FLOOD CONTROL. (a) |
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The commissioners court of a county by order may adopt land use |
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regulations for the purpose of flood management. The order may |
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include: |
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(1) impervious cover regulations that do not prohibit |
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all development in a floodplain or flood zone; |
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(2) setback and lot size standards; |
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(3) landscaping standards; and |
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(4) any other land use issue applicable to flood |
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management. |
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(b) A commissioners court may not adopt an order under this |
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section unless the regulations included in the order are rationally |
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related to flood management. |
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(c) To the extent of a conflict between a county order |
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adopted under this section and a municipal ordinance or other |
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regulation regulating the same conduct, the municipal ordinance or |
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regulation prevails. |
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SECTION 2. The heading to Section 395.079, Local Government |
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Code, is amended to read as follows: |
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Sec. 395.079. IMPACT FEE FOR STORM WATER, DRAINAGE, AND |
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FLOOD CONTROL [IN POPULOUS COUNTY]. |
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SECTION 3. Section 395.079(a), Local Government Code, is |
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amended to read as follows: |
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(a) A [Any] county or [that has a population of 3.3 million |
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or more or that borders a county with a population of 3.3 million or |
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more, and] any district or authority created under Article XVI, |
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Section 59, of the Texas Constitution [within any such county] that |
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is authorized to provide storm water, drainage, and flood control |
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facilities[,] is authorized to impose impact fees to provide storm |
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water, drainage, and flood control improvements necessary to |
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accommodate new development. |
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SECTION 4. Chapter 561, Local Government Code, is amended |
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by adding Section 561.0075 to read as follows: |
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Sec. 561.0075. COUNTY DRAINAGE SYSTEM. (a) Subject to the |
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provisions of this section, a county may acquire, own, finance, or |
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operate, or contract for the operation of, a drainage utility |
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system to serve an unincorporated area of the county in the same |
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manner as a municipality under Subchapter C, Chapter 552, that has |
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adopted that subchapter, and for the purposes of this section the |
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provisions of that subchapter apply to a county. |
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(b) For the purposes of this section, "benefitted property" |
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has the meaning assigned by Section 552.044(1)(A). |
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(c) The service area of a county drainage utility system may |
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include the unincorporated areas of the county which, as a result of |
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topography or hydraulics, contribute overland flow into the |
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watersheds served by the drainage system of the county, except that |
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the service area may not include a municipality's extraterritorial |
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jurisdiction. The service area must be established in the order |
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establishing the drainage utility. |
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(d) The commissioners court of a county by order may adopt |
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regulations it considers appropriate to operate a drainage utility |
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system. |
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(e) A user residing in the service area of an affected |
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county, as defined by Section 13.002, Water Code, may appeal the |
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county's rates established for drainage charges under Section |
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13.043(b) of that code. |
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(g) Section 552.053(e) does not apply to a county drainage |
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charge, order, or rule. |
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(h) This section does not preclude a county from: |
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(1) utilizing revenues, other than drainage utility |
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revenues, for drainage purposes; or |
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(2) imposing impact fees or other charges for drainage |
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authorized by law. |
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SECTION 5. This Act takes effect September 1, 2025. |