Texas Senate Bill SB2202

Texas 2009 - 81st Regular

Caption

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

Impact

The bill's provisions allow for a more cohesive planning strategy in rapidly growing areas, particularly near sensitive environmental zones such as the Edwards Aquifer. Proponents argue that local governments can better manage land use, thus improving community planning, public safety, and environmental protection. By establishing clearer zoning regulations, SB2202 aims to facilitate responsible development while balancing urban growth with the need to protect public health and safety. The authority to regulate in extraterritorial jurisdictions is particularly significant because it may lead to integrated approaches to infrastructure development and resource management across municipal and county lines.

Summary

SB2202 aims to provide municipalities and counties in Texas the authority to regulate land development in certain unincorporated areas, specifically targeting counties with populations over 800,000 and municipalities with populations over 500,000 situated within 60 miles of the Edwards Aquifer. This legislation amends Chapter 242 of the Local Government Code by expanding the authority of local governments to adopt and enforce zoning regulations and building codes, including oversight on the height and size of buildings, population density, and land use for various purposes. Additionally, it grants powers to jointly regulate groundwater extraction to prevent health hazards related to water quality.

Contention

Despite its potential benefits, SB2202 has faced opposition regarding the expansion of governmental authority and the implications for property rights. Critics argue that granting municipalities and counties overwhelming regulatory powers may hinder development and increase costs for builders and developers. Concerns have also been raised about the potential for local governments to impose excessive regulations that could inhibit economic growth and community development. Striking a balance between regulatory oversight for public welfare and preserving property rights remains a critical point of contention as the bill advances through the legislative process.