Texas Senate Bill SB1370

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/22/09
• Voted on by Senate: 4/30/09
• Out of House Committee: 5/21/09
• Report Pass: 5/21/09

Caption

Relating to authorizing certain counties and municipalities to regulate land development; providing a penalty.

Impact

If passed, this bill would directly influence local land use and development regulations, giving counties and municipalities the tools to implement stricter controls to promote safer and more sustainable living environments. It also outlines that local governments can adopt regulations relating to building materials, plumbing, and electrical standards. The bill allows for a certain degree of local governance while ensuring that existing agricultural land is not subject to these regulations, thus balancing development needs with the protection of agricultural interests.

Summary

SB1370 is a legislative proposal aimed at empowering specific counties and municipalities, particularly those located within 50 miles of an international border, to regulate residential land development. The bill introduces a new subchapter to Chapter 242 of the Local Government Code, which outlines the authority these local governments would have to establish ordinances governing the density, height, and infrastructure planning of residential developments. The main goal is to help these areas prevent unregulated growth and the establishment of colonias, which are unincorporated communities that often lack basic public services.

Contention

Discussions surrounding SB1370 may evoke contrasting opinions. Proponents argue that more stringent regulations on land development will mitigate the proliferation of colonias and enhance public safety by enforcing building codes and standards. However, opponents might contend that such regulatory powers could result in bureaucratic overreach that complicates developments compared to existing flexible planning practices. The bill's penalty provision—describing violations as Class C misdemeanors—raises questions about the balance between enforcement and the rights of property owners, particularly in economically challenged areas.