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89(R) HB 3892 - House Committee Report version - Bill Text
89R22141 SCL-D
By: Bell of Montgomery
H.B. No. 3892
Substitute the following for H.B. No. 3892:
By: Gates
C.S.H.B. No. 3892
A BILL TO BE ENTITLED
AN ACT
relating to county regulation related to infrastructure planning
for subdivisions and county authority to regulate building and
set-back lines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.101, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) 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)
except as provided by Subsection (b-1),
the number
of residential units that can be built per acre of land
, including
by regulating minimum lot size, minimum lot width and depth, and
building setbacks, or by imposing any other regulation that limits
density or development
;
(5) a plat or subdivision in an adjoining county; or
(6) road access to a plat or subdivision in an
adjoining county.
(b-1) Subsection (b)(4) does not apply to a tract of land:
(1)
located in a county that borders the Gulf of
Mexico; and
(2)
that is designated as Zone V, VE, AO, or AE on a
flood insurance rate map published by the Federal Emergency
Management Agency.
SECTION 2. Section 232.103, Local Government Code, is
amended to read as follows:
Sec. 232.103. LOT FRONTAGES.
(a)
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.
(b)
Except as provided by Sections 232.104 and 233.032, the
commissioners court may not adopt or enforce an order, rule, or
other measure that establishes minimum lot frontages on a public or
private road.
SECTION 3. Section 232.104, Local Government Code, is
amended to read as 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 a county or state road that existed on September
1, 2025,
as provided by Chapter 233 without the limitation period
provided by Section
233.034(c)
[
233.004(c)
].
SECTION 4. Sections 233.032(a) and (b), Local Government
Code, are amended to read as follows:
(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 roads, in
and
maintained by
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 public roads
that existed on September 1, 2025,
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.
SECTION 5. Section 232.103, Local Government Code, as
amended by this Act, applies only to a public or private road that
is platted or created on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.