Texas House Bill HB3190

Texas 2011 - 82nd Regular

• Introduced: 3/10/11
• Refer: 3/18/11

Caption

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

Impact

The bill amends the Local Government Code, specifically Chapter 242, which governs the powers municipalities and counties have regarding land development. If enacted, it provides local governments the means to issue building permits and impose penalties for non-compliance with local regulations. This is a significant shift in how land development is managed in Texas, as it explicitly allows for stricter oversight in rural and suburban areas that have previously been neglected. The designated powers also include an ability to seek injunctions against violations as well as to manage building permit fees collected for regulatory purposes.

Summary

House Bill 3190 aims to empower counties and municipalities in Texas with the authority to regulate land development within their jurisdictions. This legislation focuses particularly on residential land development in areas that lack urban infrastructure, with an objective to prevent the emergence of unregulated colonies, known as colonias. It delineates the specific regulatory powers that local governments can exercise, including setting maximum densities, establishing building codes, and enforcing utility planning standards. By granting this authority, the bill seeks to enhance community planning and development efforts, ultimately ensuring that residential areas adhere to health, safety, and environmental standards.

Sentiment

The sentiment surrounding HB 3190 appears to be cautiously optimistic among proponents who advocate for enhanced local authority in land regulation. Advocates argue that the bill is crucial for preventing the ongoing development of informal settlements that often lack essential infrastructure. However, there are concerns that the regulatory framework could overreach if not carefully monitored, leading to potential conflicts between local ordinances and broader state regulations. Discussions around the bill indicate a recognition of the need for collaboration between state and local governance to address land development challenges effectively.

Contention

Notable points of contention include the balance between local control and state oversight, as well as concerns about the potential for classifying penalties for violations related to land development. Opponents may argue that the added authority could burden property owners, especially in economically disadvantaged areas, while supporters emphasize the necessity of such regulations to promote safe and sustainable community growth. The bill recognizes existing property rights and delineates exceptions, particularly for agricultural land and low-income housing, to address these concerns while still pushing for necessary developmental changes.