Texas Senate Bill SB1392

Texas 2011 - 82nd Regular

• Introduced: 3/9/11
• Refer: 3/22/11

Caption

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

Impact

The proposed bill modifies Chapter 242 of the Local Government Code, thus granting local authorities explicit powers to set development regulations. This legislative change is designed to prevent the proliferation of colonias by enabling local governments to enforce building codes and development standards more robustly. However, the bill also delineates certain limitations, such as not affecting existing regulations on commercial properties or any rights related to mineral exploration, ensuring a balance between new regulatory powers and existing rights.

Summary

SB1392 aims to empower counties and municipalities in Texas to regulate land development, particularly in unincorporated areas and municipalities' extraterritorial jurisdictions. The bill specifies that local governments can adopt regulations regarding maximum densities, building height, and the location of structures, among others, to mitigate the problems associated with colonias, which are poorly developed communities often lacking basic infrastructure. This initiative is intended to enhance safety and uniformity in residential construction standards while addressing the unique needs of local communities.

Sentiment

The sentiment around SB1392 appears to be mixed among stakeholders. Proponents argue that the increased local control will lead to better development standards, improve living conditions, and ultimately foster responsible land use. On the other hand, some critics express concerns about local governments potentially imposing overly stringent regulations that could hinder property rights and discourage investment in certain areas. The focus on colonias may also raise questions about equitable treatment across different communities.

Contention

A notable point of contention surrounding SB1392 is the potential conflict between county orders and municipal ordinances, as the bill stipulates that municipal ordinances will prevail in cases of conflict. This clause might lead to disputes and confusion over regulatory authority, highlighted by concerns that it could create inconsistencies in how development regulations are applied throughout the state. Furthermore, the distinction made for low-income household exemptions from penalties adds complexity to the enforcement of regulations, raising concerns about the feasibility of compliance among vulnerable populations.