Texas House Bill HB190

Texas 2025 - 89th 1st C.S.

• Filed: 7/23/25

Caption

Relating to the authority of a county to establish drainage utilities, impose drainage fees, and regulate land use for the purpose of flood management.

Impact

The implications of HB190 are significant as it expands local government powers concerning flood control, thereby potentially streamlining the process of establishing drainage systems. It outlines specific regulations that can be developed regarding impervious cover, lot sizes, and landscaping, emphasizing the rationality of regulations in terms of their relationship to flood management. This bill is designed to address the concerns surrounding flood risks and to facilitate more comprehensive management strategies at the county level, which is particularly relevant for unincorporated areas that may not have access to the same resources as municipalities.

Summary

House Bill 190 aims to enhance the regulatory framework for counties concerning flood management by granting them the authority to establish drainage utilities and impose related fees. The bill enables county commissioners' courts to adopt land use regulations specifically for flood management purposes while ensuring these regulations do not entirely prohibit development in designated flood zones. This legislative measure reflects a response to the increasing need for more effective management of flood-related challenges in Texas, particularly in light of recent extreme weather events that have underscored the vulnerabilities of local communities.

Contention

Some notable points of contention revolve around the balance of power between county and municipal governments. The bill stipulates that in cases where a county's ordinance conflicts with a municipal regulation, the latter prevails. This raises concerns among municipal leaders who may fear that the bill undermines their regulatory authority in areas with overlapping jurisdiction. Discussions among stakeholders may include debates on the adequacy of local regulations versus state-imposed frameworks for efficient flood control, with proponents arguing for the necessity of local governance in addressing specific regional needs and opponents cautioning against potential overreach.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 240. Miscellaneous Regulatory Authority Of Counties
  • Section: New Section

• Chapter 395. Financing Capital Improvements Required By New Development In Municipalities, Counties, And Certain Other Local Governments
  • Section: 079

• Chapter 561. Water Control By Counties
  • Section: New Section