| 1 | 1 | | By: Bell of Montgomery H.B. No. 3892 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to county regulation of subdivision setbacks. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 232.101(b), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Unless otherwise authorized by state law, a |
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| 13 | 13 | | commissioners court shall not regulate under this section: |
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| 14 | 14 | | (1) the use of any building or property for business, |
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| 15 | 15 | | industrial, residential, or other purposes; |
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| 16 | 16 | | (2) the bulk, height, placement, or number of |
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| 17 | 17 | | buildings constructed on a particular tract of land; |
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| 18 | 18 | | (3) the size of a building that can be constructed on a |
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| 19 | 19 | | particular tract of land, including without limitation and |
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| 20 | 20 | | restriction on the ratio of building floor space to the land square |
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| 21 | 21 | | footage; |
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| 22 | 22 | | (4) the number of residential units that can be built |
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| 23 | 23 | | per acre of land, including without limitation and restriction on |
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| 24 | 24 | | factors such as minimum lot size, minimum lot width and depth, |
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| 25 | 25 | | building setbacks and other measures that the county may impose to |
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| 26 | 26 | | limit the density of development; |
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| 27 | 27 | | (5) a plat or subdivision in an adjoining county; or |
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| 28 | 28 | | (6) road access to a plat or subdivision in an |
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| 29 | 29 | | adjoining county. |
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| 30 | 30 | | SECTION 2. Section 232.103, Local Government Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | Sec. 232.103. LOT FRONTAGES. By an order adopted and |
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| 33 | 33 | | entered in the minutes of the commissioners court and after a notice |
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| 34 | 34 | | is published in a newspaper of general circulation in the county, |
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| 35 | 35 | | the commissioners court may adopt reasonable standards for minimum |
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| 36 | 36 | | lot frontages on existing county roads and establish reasonable |
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| 37 | 37 | | standards for the lot frontages in relation to curves in the road. |
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| 38 | 38 | | The commissioners court is prohibited from adopting minimum lot |
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| 39 | 39 | | frontages on newly platted or created local public or private |
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| 40 | 40 | | roads. |
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| 41 | 41 | | SECTION 3. Section 232.104, Local Government Code, is |
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| 42 | 42 | | amended as to read follows: |
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| 43 | 43 | | Sec. 232.104. SET-BACKS. By an order adopted and entered in |
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| 44 | 44 | | the minutes of the commissioners court and after a notice is |
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| 45 | 45 | | published in a newspaper of general circulation in the county, the |
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| 46 | 46 | | commissioners court may establish reasonable building and front |
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| 47 | 47 | | set-back lines for existing county and state roads as provided by |
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| 48 | 48 | | Chapter 233 without the limitation period provided by Section |
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| 49 | 49 | | 233.004(c). |
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| 50 | 50 | | SECTION 4. Section 233.032, Local Government Code is |
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| 51 | 51 | | amended to read as follows: |
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| 52 | 52 | | Sec. 233.032. POWERS AND DUTIES OF COMMISSIONERS COURT. |
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| 53 | 53 | | (a) If the commissioners court of a county determines that the |
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| 54 | 54 | | general welfare will be promoted, the court may: |
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| 55 | 55 | | (1) establish by order building or set-back lines on |
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| 56 | 56 | | the public roads, including major highways and existing roads, in |
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| 57 | 57 | | the county; and |
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| 58 | 58 | | (2) prohibit the location of a new building within |
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| 59 | 59 | | those building or set-back lines. |
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| 60 | 60 | | (b) A building or set-back line established under this |
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| 61 | 61 | | subchapter may not extend: |
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| 62 | 62 | | (1) more than 25 feet from the edge of the right-of-way |
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| 63 | 63 | | on all existing public roads other than major highways and roads; or |
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| 64 | 64 | | (2) more than 50 feet from the edge of the right-of-way |
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| 65 | 65 | | of major highways and roads. |
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| 66 | 66 | | (c) The commissioners court may designate the public roads |
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| 67 | 67 | | that are major highways and roads. |
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| 68 | 68 | | (d) The commissioners court may not establish set-backs |
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| 69 | 69 | | from private roads or roads not maintained by the county. |
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| 70 | 70 | | SECTION 5. This Act takes effect September 1, 2025. |
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