SB 1954

relating to the authority of a county to regulate land use in
certain areas in and around hydrologically sensitive areas.
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.  ZONING NEAR CERTAIN WATER QUALITY PROTECTED AREAS
Sec. 231.301.  DEFINITION.  In this subchapter, "development
plan" has the meaning assigned by Section 232.00285.
Sec. 231.302.  PROTECTED AREAS.  The regulatory authority
granted under this subchapter applies only to an area designated by
the commissioners court of a county as a protected area for the
purpose of protecting public health and safety by regulating land
use and development in a hydrologically sensitive area, including
an aquifer recharge zone, floodplain, karst topographic area,
riparian area, or other watershed.
Sec. 231.303.  ADOPTION OF SUBCHAPTER.  This subchapter
applies only to a county for which the commissioners court by order
has adopted this subchapter following an election held under
Sec. 231.304.  PETITION FOR ADOPTION.  (a)  A person may
submit a petition to the county clerk of a county to request that
the county hold an election on the question of adopting this
(1)  be signed by a number of registered voters in the
county that is equal to at least 10 percent of the number of votes
received by all candidates for governor in the most recent
gubernatorial general election in the county;
(2)  include each signer's current voter registration
number, printed name, and residence address, including zip code;
(3)  include a signature date entered by each signer
next to the signer's signature; and
(4)  include a statement on each page of the petition
preceding the space for signatures in substantially the following
"This petition is to request that an election be held in (name of
county) to authorize the county to adopt zoning and building
regulations applicable in protected areas designated by the county
for the protection of water quality."
(c)  A petition signature is not valid if:
(1)  the signer fails to enter the date the signer signs
(2)  the date is earlier than the 90th day before the
date the petition is submitted to the county clerk.
(d)  Not later than the 30th day after the date the county
clerk receives a petition under this section, the clerk shall
provide a written determination on whether the petition is valid to
the commissioners court of the county.
(e)  If the county clerk determines the petition is invalid,
the clerk shall provide written notice to the commissioners court
and the person submitting the petition, which must include each
reason the clerk determines the petition is invalid.
Sec. 231.305.  ADOPTION ELECTION.  (a)  After receipt of the
county clerk's determination of a valid petition under Section
231.304, the commissioners court of the county shall order an
election on the question of adopting this subchapter.
(b)  An election held under this section must be held on the
first uniform election date after the date the commissioners court
receives the county clerk's determination of a valid petition under
Section 231.304 that allows sufficient time to comply with other
(c)  The ballot for the election must be printed to provide
for voting for or against the following proposition:
"Granting authority to the county to adopt zoning and building
regulations applicable in protected areas designated by the county
for the protection of water quality."
(d)  If a majority of the votes cast in the election favor the
proposition, the commissioners court shall adopt by order this
subchapter at the next scheduled meeting of the court.
Sec. 231.306.  AUTHORITY TO REGULATE.  (a)  The
commissioners court of a county by order may:
(1)  designate one or more geographic areas in the
county as a protected area under Section 231.302; and
(2)  adopt regulations authorized by this subchapter
that apply only to an area designated by the commissioners court as
(b)  A commissioners court may regulate:
(1)  the height, number of stories, or size of
(2)  the percentage of a lot that may be occupied;
(3)  the size of yards and other spaces;
(5)  the location and use of buildings and land for
commercial, industrial, residential, or other purposes; and
(6)  building construction standards.
(c)  A commissioners court may require a person to submit a
development plan during the plat approval process for land any part
of which is located in a protected area designated by the
commissioners court under this subchapter.
(d)  A commissioners court may not regulate:
(1)  the use, design, or placement of public utility
buildings, land, or facilities; or
(2)  for siting or zoning purposes, new manufactured or
industrialized housing that is constructed to preemptive state or
federal building standards in any manner that is different from
regulation of site-built housing.
Sec. 231.307.  PLANNING COMMISSION; MEMBERS.  (a)  The
commissioners court of a county shall appoint a planning commission
for each protected area in the county.  Each planning commission
(1)  five members appointed by the county judge;
(2)  one member appointed by each county commissioner;
(3)  one member appointed by the mayor of each
municipality in which any part of the protected area covered by the
planning commission is located.
(b)  Members appointed to the planning commission must
reside in the jurisdiction of the person appointing the member.
Members appointed by the county judge must own land in the county.
(c)  A member appointed to the initial planning commission
serves a term that expires on February 1 of the first odd-numbered
year after the date of the member's appointment.  Except for a
member appointed to the initial commission, a member of a planning
commission serves a two-year term beginning February 1 of each
(d)  A planning commission shall annually elect a presiding
officer and vice presiding officer from among its members.
(e)  A county shall employ necessary staff for a planning
commission to carry out its duties.
Sec. 231.308.  PLANNING COMMISSION:  POWERS AND DUTIES.  (a)
A planning commission established for a protected area under this
subchapter shall recommend to the commissioners court:
(1)  boundaries for the protected area; and
(2)  appropriate zoning regulations for the protected
(b)  A planning commission shall seek input from
appropriately qualified scientists, including hydrologists,
geologists, and environmental scientists, to determine the
appropriate size and extent of the protected area for the purpose of
recommending boundaries for the protected area under Subsection
(c)  A planning commission may not recommend boundaries for a
protected area that are located:
(1)  outside the  boundary of a 100-year floodplain as
determined by the most recent maps published by the Federal
(2)  less than 200 feet from the boundary of a riparian
(3)  less than 300 feet from the boundary of an aquifer
(4)  less than 500 feet from the boundary of a karst
(d)  A planning commission may conduct a study of the
protected area under its jurisdiction to inform the planning
commission's advice to the commissioners court about the boundaries
of the protected area, regulations that apply in the protected
area, and proposed changes to the boundaries or regulations.  A
planning commission shall conduct a study described by this
subsection on request of the commissioners court.
Sec. 231.309.  PLANNING COMMISSION REPORT; PUBLIC HEARING.
(a)  A planning commission that conducts a study under Section
231.308(d) shall prepare a report based on the study and present it
(b)  Before a planning commission prepares a report under
this section, the planning commission shall:
(1)  hold a public hearing at which members of the
public may present testimony about any subject to be included in the
(2)  give notice of a public hearing to be held under
this section as required by the commissioners court.
(c)  If a study conducted under Section 231.308(d) advises
the planning commission to change the zoning classification of a
parcel of land, the planning commission shall send written notice
to each landowner, as listed on the county tax rolls, whose land
would be directly affected by the advised change in zoning
classification or is located within 500 feet of land directly
affected by the advised change in zoning classification.  The
(1)  inform the landowner of the time and place of the
public hearing held under Subsection (b) at which the landowner may
present testimony to the commission about the advised change in
(2)  be deposited in the United States mail before the
10th day before the date of the hearing held under Subsection (b).
Sec. 231.310.  ADOPTION OF ORDER AFTER RECEIPT OF REPORT.
The commissioners court may adopt an order relating to a zoning
classification or regulation affecting a protected area under this
subchapter only after the commissioners court receives a report
prepared under Section 231.309 relating to the protected area.
Sec. 231.311.  SPECIAL EXCEPTIONS.  (a)  The commissioners
court may grant a special exception to an order or regulation
adopted under this subchapter if the commissioners court finds that
the special exception will not be contrary to the public interest
and that a literal enforcement of the order or regulation would
result in an unnecessary hardship.
(b)  The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 231.312.  CONFLICT WITH OTHER ACTION OR REGULATION.  In
the event of a conflict between an order adopted under this
subchapter and an action or regulation of a municipality or
special-purpose district or authority, the more stringent
regulation prevails.  A more stringent regulation is the regulation
that imposes a higher standard.
Sec. 231.313.  ENFORCEMENT.  (a)  The county attorney or
other prosecuting attorney representing the county in the district
court may file an action to enjoin a violation or threatened
violation of a regulation adopted under this subchapter.  The court
(b)  If an order adopted under this subchapter defines an
offense, an offense under that order is a Class C misdemeanor.
SECTION 2.  Section 232.0025, Local Government Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
(d)  Except as provided by Subsections (d-1) and
[Subsection] (f), the commissioners court or the county authority
responsible for approving plats shall approve, approve with
conditions, or disapprove a plat application not later than the
30th day after the date the completed application is received by the
commissioners court or the county authority.  An application is
approved by the commissioners court or the county authority unless
the application is disapproved within that period and in accordance
(d-1)  The commissioners court or the county authority
responsible for approving plats of a county that has exercised the
regulatory authority granted under Subchapter N, Chapter 231, may
not approve with conditions a plat application for land any part of
which is located in a protected area regulated by the county under
that subchapter if the conditions relate to the protected area.
SECTION 3.  Section 232.00285, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c)  A county that has exercised the regulatory authority
granted under Subchapter N, Chapter 231, may require a person to
submit a development plan during the plat approval process required
SECTION 4.  This Act takes effect September 1, 2025.