Texas Senate Bill SB578

Texas 2009 - 81st Regular

Caption

Relating to the authority of a county to regulate land development after a local option election.

Impact

If enacted, SB578 would amend Chapter 232 of the Local Government Code, introducing a new subchapter that outlines the specific conditions under which counties can regulate development. Counties would be able to determine off-site roadway needs and require developers to contribute to necessary improvements. By enabling such regulations, the bill seeks to ensure that land development aligns with local priorities and infrastructure capabilities, potentially mitigating issues related to overdevelopment that can strain local resources.

Summary

SB578 pertains to the authority of counties in Texas to regulate land development in unincorporated areas after holding a local option election. The bill allows county commissioners courts the ability to impose regulations regarding land development, specifically requiring developers to satisfy certain conditions such as fire suppression systems and the establishment of buffer zones between different types of land use. This represents a shift towards granting more local governance power to counties in managing land use effectively and with community health and safety in mind.

Contention

Notably, there are concerns that while the bill empowers counties, it may also lead to conflicts regarding zoning authority. The legislation explicitly states that it does not authorize counties to adopt zoning regulations, yet the broader implications of local regulation could create friction between developers and local governments, especially in urban areas where development pressures are high. Additionally, existing properties and agricultural lands are protected from new regulations established under this act, which may lead to disputes regarding the interpretation and application of these exceptions.