HB3892 - Relating to county regulation related to infrastructure planning for subdivisions and county authority to regulate building and set-back lines.

  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.