 If you’re a rural landowner in Texas, you probably don’t lie awake at night wondering what your county commissioners court is up to. Or maybe you do. One of the issues being hotly debated in the 79th Texas Legislature concerns the ability of counties to regulate the use of land in areas outside cities.
Called county ordinance-making authority, this area of public policy debate addresses the need to balance legitimate authority by the county with the right of private property owners who don’t want excessive government intrusion into how they use their land.
Under current law, with the exception of counties within 50 miles of the U.S.-Mexico international border, most counties in Texas have very little authority to regulate land use. Counties, like cities, are political subdivisions of the state and therefore derive all of their governing authority from the state.
The Legislature has given counties some limited powers. For more information, you may want to refer to the County Powers publication available from the Texas Attorney General’s Web site.
Rapid population growth in many parts of Texas has produced calls to increase the ability of counties to regulate that growth. At least 12 bills have been introduced so far this session that would expand those powers.
Legislation that would give counties more authority
These bills, if passed into law, would affect the ability of Texas counties to enact land-use ordinances:
HB 217 provides Harris County with the authority to enact and regulate sound regulations.
HB 281 extends authority of large-population counties to create fire codes to multifamily residential dwellings (four or more units). Currently counties can only apply fire codes to commercial establishments and public buildings.
HB 347 allows counties to charge a common carrier fee for approving and directing the laying of pipe in county rights of way of $300 for pipe having a diameter of less than six inches and $800 if pipe has a diameter of six inches or more.
HB 348 prohibits a person from erecting a gate on a third class or neighborhood road unless approved by the commissioners court of the county.
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HB 477/SB 142 allows all counties to adopt land-use regulations and additional land-use regulations such as fire suppression requirements, roadway improvements, open space requirements, and impact fee assessments, if given authority by popular vote.
HB 631 extends authority of counties to adopt fire regulations to multifamily properties.
HB 663 allows counties adjacent to Harris County to regulate the barking or other noises of dogs.
SB 57 allows counties to prohibit off-premises signs.
HB 653/SB 141 allows counties to adopt land-use regulations by vote of commissioners court. Expands authority to include rule-making standards for storm water runoff, road base, and use of groundwater. Allows private right of action against subdivider.
SB 200 allows counties to regulate gates that restrict access to gated communities. Designed to allow access to firefighters and emergency services.
How you feel about county ordinance-making authority vs. private property rights could depend on whether you're a landowner or public official. However, most folks realize that a balance is needed, and some ordinances and regulations are necessary for the public welfare.
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