| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to county regulation of subdivision setbacks. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 232.101(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) Unless otherwise authorized by state law, a |
|
|
commissioners court shall not regulate under this section: |
|
|
(1) the use of any building or property for business, |
|
|
industrial, residential, or other purposes; |
|
|
(2) the bulk, height, placement, or number of |
|
|
buildings constructed on a particular tract of land; |
|
|
(3) the size of a building that can be constructed on a |
|
|
particular tract of land, including without limitation and |
|
|
restriction on the ratio of building floor space to the land square |
|
|
footage; |
|
|
(4) the number of residential units that can be built |
|
|
per acre of land, including without limitation and restriction on |
|
|
factors such as minimum lot size, minimum lot width and depth, |
|
|
building setbacks and other measures that the county may impose to |
|
|
limit the density of development; |
|
|
(5) a plat or subdivision in an adjoining county; or |
|
|
(6) road access to a plat or subdivision in an |
|
|
adjoining county. |
|
|
SECTION 2. Section 232.103, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 232.103. LOT FRONTAGES. By an order adopted and |
|
|
entered in the minutes of the commissioners court and after a notice |
|
|
is published in a newspaper of general circulation in the county, |
|
|
the commissioners court may adopt reasonable standards for minimum |
|
|
lot frontages on existing county roads and establish reasonable |
|
|
standards for the lot frontages in relation to curves in the road. |
|
|
The commissioners court is prohibited from adopting minimum lot |
|
|
frontages on newly platted or created local public or private |
|
|
roads. |
|
|
SECTION 3. Section 232.104, Local Government Code, is |
|
|
amended as to read follows: |
|
|
Sec. 232.104. SET-BACKS. By an order adopted and entered in |
|
|
the minutes of the commissioners court and after a notice is |
|
|
published in a newspaper of general circulation in the county, the |
|
|
commissioners court may establish reasonable building and front |
|
|
set-back lines for existing county and state roads as provided by |
|
|
Chapter 233 without the limitation period provided by Section |
|
|
233.004(c). |
|
|
SECTION 4. Section 233.032, Local Government Code is |
|
|
amended to read as follows: |
|
|
Sec. 233.032. POWERS AND DUTIES OF COMMISSIONERS COURT. |
|
|
(a) If the commissioners court of a county determines that the |
|
|
general welfare will be promoted, the court may: |
|
|
(1) establish by order building or set-back lines on |
|
|
the public roads, including major highways and existing roads, in |
|
|
the county; and |
|
|
(2) prohibit the location of a new building within |
|
|
those building or set-back lines. |
|
|
(b) A building or set-back line established under this |
|
|
subchapter may not extend: |
|
|
(1) more than 25 feet from the edge of the right-of-way |
|
|
on all existing public roads other than major highways and roads; or |
|
|
(2) more than 50 feet from the edge of the right-of-way |
|
|
of major highways and roads. |
|
|
(c) The commissioners court may designate the public roads |
|
|
that are major highways and roads. |
|
|
(d) The commissioners court may not establish set-backs |
|
|
from private roads or roads not maintained by the county. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |