County rulemaking authority

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Issue
Texas cities have the authority to regulate land use, structures, and platting and subdividing land. They also provide and regulate water, sewer, and other utility services to residential property. Texas counties must be specifically granted powers by the Legislature. Some county governments seek to increase their authority and burden the process with unnecessary regulations.

What does this mean for the real estate industry?
Restricting growth by giving counties more development regulation powers will limit the state’s potential for prosperity.

The Texas REALTOR® position
The Texas Association of REALTORS® opposes the wholesale expansion of county rulemaking authority.

Legislative outlook
Many counties will ask state lawmakers for more regulatory authority to limit growth. In the past, the Texas Legislature has denied such requests.

Historical perspective
The Texas Legislature, under conservative control, has consistently affirmed its unwillingness to give county governments the same regulatory authority as home-rule cities. However, the Legislature has given county governments some ability to regulate land use, structures, and platting and subdivision of land, as well as provide and regulate water, sewer, and other utility services to residential property.

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2016-17 GA Calendar