By: Money H.B. No. 5454
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to regulate certain land uses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. REGULATION OF CERTAIN INDUSTRIAL PROJECTS AND
OFFENSIVE LAND USES
Sec. 231.301. DEFINITIONS. In this subchapter:
(1) "Alternative energy facility" means:
(A) a wind power facility as defined by Section
301.0001, Utilities Code;
(B) a solar power facility as defined by Section
302.0001, Utilities Code; or
(C) a battery storage facility.
(2) "Industrial project" includes the construction or
operation of an electric generating facility, alternative energy
facility, or manufacturing facility.
(3) "Offensive land use" includes a concrete plant,
concrete crushing facility, landfill, solid waste transfer
station, or automotive wrecking and salvage yard.
Sec. 231.302. PERMIT REQUIRED. Notwithstanding any other
law, a person may not begin the construction or operation of an
industrial project or offensive land use in the unincorporated area
of a county unless the person obtains a permit from the
commissioners court of the county.
Sec. 231.303. COUNTY INDUSTRIAL PROJECT PERMITTING
PROCESS. (a) A commissioners court of a county shall by order
establish a procedure to review and approve an application for a
permit to build or operate an industrial project.
(b) If a commissioners court by order finds that a proposed
project requires substantial infrastructure or resources, the
commissioners court may by order determine that the project
constitutes an industrial project for purposes of the permit
requirement under this subchapter.
(c) A permitting procedure established by a county under
this subchapter must:
(1) require the permit be issued by order of the
commissioners court; and
(2) provide for at least two public hearings, held no
less than two weeks and no more than two months apart.
(d) In issuing a permit, a commissioners court must
consider:
(1) the compatibility of the proposed project with
existing land uses in the surrounding area;
(2) the potential impact of the proposed project on:
(A) public health and safety;
(B) air, water, and soil quality; and
(C) local infrastructure, including roads,
utilities, and emergency services;
(3) public comment and input from county residents and
other stakeholders; and
(4) other factors that the commissioners court
determines are relevant to balancing the interest in development
and the welfare of the community.
(e) A permit issued under this section may include
conditions and requirements that the commissioners court
determines are necessary to mitigate potential negative effects of
the project for which a permit is sought, including a requirement
that the applicant implement measures for:
(1) protecting public health and safety, including
providing necessary training and equipment for emergency services;
(2) local infrastructure improvement or maintenance;
(3) ensuring air, water, and soil quality; and
(4) noise reduction.
(f) A commissioners court may revoke, suspend, or deny
renewal of a permit issued under this subchapter if the
commissioners court by order finds that:
(1) the permit holder has violated the terms of the
permit; or
(2) the permitted project causes undue harm to the
surrounding area or community.
Sec. 231.304. ENFORCEMENT. The commissioners court of a
county may adopt orders to enforce this subchapter or an order
adopted under this subchapter.
SECTION 2. This Act takes effect September 1, 2025.