Return to TFB Main Page
Return to Current Edition
Texas Agriculture Archive

September 20, 2002

County ordinance authority a hot topic

The Texas population has experienced unprecedented growth in the past decade and is expected to double in size by 2040. There has been little or no regulation of this growth in rural areas of the state. As a result, some residential growth in rural areas has created a nuisance to the public. In an effort to address this issue, legislation was introduced in the past session to provide county governments additional authority to regulate the development.

During the 77th legislative session several pieces of legislation were filed to address this issue. SB 873 by Senator Lindsay was passed and signed into law granting urban counties the authority to adopt subdivision regulation, road requirements, and enact other regulations relevant to responsible development. This interim the Senate Committee on Intergovernmental Relations was given the responsibility to study growth outside of cities, and develop recommendations to give counties additional authority to regulate development without infringing upon an individual's private property rights.

One recommendation the committee is considering would be to expand the number of counties that are granted authority by SB 873. This recommendation would strengthen the county's authority to regulate a new subdivision. Farm Bureau supports legislation that "strengthens county authority to regulate new subdivisions in order to insure the adequate health and safety of residents and neighbors."

The second recommendation being considered would allow county governments to adopt residential building codes within a platted subdivision. While Farm Bureau is opposed to any requirements for building permits on farms and ranches, this recommendation would only apply to platted subdivisions.

Finally, the committee is considering a recommendation that grants counties the authority to adopt a comprehensive plan regarding the development of a city. The purpose of the plan would be to designate future transportation corridors, future park land, and rights-of-ways needed for infrastructure such as major drainage arteries and utilities. Our policy opposes comprehensive land use planning.

These recommendations are only being considered by the Committee, and have not been adopted. However, as long as Texas continues to grow in population, there is no doubt that county ordinance authority will continue to be a controversial topic at both the county courthouse and the state capitol.

It is important that Farm Bureau members review our organization's policy book and continue this discussion at county conventions.