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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation related to infrastructure planning |
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for subdivisions and county authority to regulate building and |
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set-back lines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.101, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Unless otherwise authorized by state law, a |
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commissioners court shall not regulate under this section: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, placement, or number of |
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buildings constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation and |
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restriction on the ratio of building floor space to the land square |
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footage; |
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(4) except as provided by Subsection (b-1), the number |
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of residential units that can be built per acre of land, including |
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by regulating minimum lot size, minimum lot width and depth, and |
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building setbacks, or by imposing any other regulation that limits |
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density or development; |
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(5) a plat or subdivision in an adjoining county; or |
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(6) road access to a plat or subdivision in an |
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adjoining county. |
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(b-1) Subsection (b)(4) does not apply to a tract of land: |
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(1) located in a county that borders the Gulf of |
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Mexico; and |
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(2) that is designated as Zone V, VE, AO, or AE on a |
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flood insurance rate map published by the Federal Emergency |
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Management Agency. |
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SECTION 2. Section 232.103, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.103. LOT FRONTAGES. (a) By an order adopted and |
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entered in the minutes of the commissioners court and after a notice |
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is published in a newspaper of general circulation in the county, |
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the commissioners court may adopt reasonable standards for minimum |
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lot frontages on existing county roads and establish reasonable |
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standards for the lot frontages in relation to curves in the road. |
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(b) Except as provided by Sections 232.104 and 233.032, the |
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commissioners court may not adopt or enforce an order, rule, or |
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other measure that establishes minimum lot frontages on a public or |
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private road. |
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SECTION 3. Section 232.104, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.104. SET-BACKS. By an order adopted and entered in |
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the minutes of the commissioners court and after a notice is |
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published in a newspaper of general circulation in the county, the |
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commissioners court may establish reasonable building and front |
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set-back lines for a county or state road that existed on September |
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1, 2025, as provided by Chapter 233 without the limitation period |
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provided by Section 233.034(c) [233.004(c)]. |
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SECTION 4. Sections 233.032(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) If the commissioners court of a county determines that |
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the general welfare will be promoted, the court may: |
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(1) establish by order building or set-back lines on |
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the public roads, including major highways and roads, in and |
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maintained by the county; and |
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(2) prohibit the location of a new building within |
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those building or set-back lines. |
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(b) A building or set-back line established under this |
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subchapter may not extend: |
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(1) more than 25 feet from the edge of the right-of-way |
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on all public roads that existed on September 1, 2025, other than |
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major highways and roads; or |
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(2) more than 50 feet from the edge of the right-of-way |
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of major highways and roads. |
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SECTION 5. Section 232.103, Local Government Code, as |
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amended by this Act, applies only to a public or private road that |
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is platted or created on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |