By: Bell of Montgomery H.B. No. 3892
A BILL TO BE ENTITLED
AN ACT
relating to county regulation of subdivision setbacks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.101(b), Local Government Code, is
amended to read as follows:
(b) Unless otherwise authorized by state law, a
commissioners court shall not regulate under this section:
(1) the use of any building or property for business,
industrial, residential, or other purposes;
(2) the bulk, height, placement, or number of
buildings constructed on a particular tract of land;
(3) the size of a building that can be constructed on a
particular tract of land, including without limitation and
restriction on the ratio of building floor space to the land square
footage;
(4) the number of residential units that can be built
per acre of land, including without limitation and restriction on
factors such as minimum lot size, minimum lot width and depth,
building setbacks and other measures that the county may impose to
limit the density of development;
(5) a plat or subdivision in an adjoining county; or
(6) road access to a plat or subdivision in an
adjoining county.
SECTION 2. Section 232.103, Local Government Code, is
amended to read as follows:
Sec. 232.103. LOT FRONTAGES. By an order adopted and
entered in the minutes of the commissioners court and after a notice
is published in a newspaper of general circulation in the county,
the commissioners court may adopt reasonable standards for minimum
lot frontages on existing county roads and establish reasonable
standards for the lot frontages in relation to curves in the road.
The commissioners court is prohibited from adopting minimum lot
frontages on newly platted or created local public or private
roads.
SECTION 3. Section 232.104, Local Government Code, is
amended as to read follows:
Sec. 232.104. SET-BACKS. By an order adopted and entered in
the minutes of the commissioners court and after a notice is
published in a newspaper of general circulation in the county, the
commissioners court may establish reasonable building and front
set-back lines for existing county and state roads as provided by
Chapter 233 without the limitation period provided by Section
233.004(c).
SECTION 4. Section 233.032, Local Government Code is
amended to read as follows:
Sec. 233.032. POWERS AND DUTIES OF COMMISSIONERS COURT.
(a) If the commissioners court of a county determines that the
general welfare will be promoted, the court may:
(1) establish by order building or set-back lines on
the public roads, including major highways and existing roads, in
the county; and
(2) prohibit the location of a new building within
those building or set-back lines.
(b) A building or set-back line established under this
subchapter may not extend:
(1) more than 25 feet from the edge of the right-of-way
on all existing public roads other than major highways and roads; or
(2) more than 50 feet from the edge of the right-of-way
of major highways and roads.
(c) The commissioners court may designate the public roads
that are major highways and roads.
(d) The commissioners court may not establish set-backs
from private roads or roads not maintained by the county.
SECTION 5. This Act takes effect September 1, 2025.