Texas 2023 - 88th Regular

Texas House Bill HB3328

Filed
3/2/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of certain counties and municipalities to regulate certain subdivisions in a municipality's extraterritorial jurisdiction.

Impact

The impact of HB3328 is significant as it alters the existing regulatory landscape for land use in Texas, specifically for large counties dealing with numerous small municipalities. By allowing counties to amend agreements with municipalities and regulate subdivisions, the bill centralizes authority and potentially simplifies processes for development approval. However, these changes could also lead to tensions between counties and municipalities as they navigate their respective jurisdictions and responsibilities in land management. The ability for counties to act unilaterally may result in disagreements over local needs and priorities.

Summary

House Bill 3328 aims to clarify the regulation of subdivisions in the extraterritorial jurisdiction of certain counties and municipalities in Texas. Specifically, it provides a framework for counties with populations over 370,000, which encompass multiple smaller municipalities, to unilaterally amend jurisdiction agreements regarding subdivision regulation. This allows counties to take over the exclusive jurisdiction for regulating subdivisions specifically characterized by certain conditions—such as size and absence of existing annexation agreements. This change seeks to streamline regulatory processes and empower counties to manage land development more effectively under defined conditions.

Sentiment

The sentiment surrounding HB3328 is mixed, with strong opinions on both sides. Proponents argue that this bill is a necessary adjustment to adapt to the realities of managing urban growth and development, emphasizing the need for clear and consistent regulatory frameworks. Supporters include representatives from larger counties who believe in better management and oversight of subdivisions. Conversely, opponents, particularly from smaller municipalities, express concerns that the bill may undermine their local authority and diminish their capacity to regulate land use in accordance with community needs. This division highlights the ongoing debate regarding local governance versus state authority.

Contention

Notable points of contention include the potential for overreach by counties into the regulatory domains traditionally managed by municipalities. Opponents fear that HB3328 could lead to homogenization in regulatory practices, sidelining unique local requirements essential for effective land use planning. Moreover, the arbitration mechanism established in the bill, allowing for counter amendments to be resolved through binding arbitration, could complicate negotiations and impact relationships between local governments. The discussions around HB3328 underscore the friction inherent in managing growth while preserving local control.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 242. Authority Of Municipality And County To Regulate Subdivisions In And Outside Municipality's Extraterritorial Jurisdiction
    • Section: New Section
    • Section: 001

Companion Bills

No companion bills found.

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