Bell Setback Bill Also Bars County Minimum Lot Sizes

The text as introduced · 535 words

By: Bell of Montgomery
H.B. No. 3892

A BILL TO BE ENTITLED

AN ACT

relating to county regulation of subdivision setbacks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 232.101(b), Local Government Code, is

amended 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) the number of residential units that can be built

per acre of land , including without limitation and restriction on

factors such as minimum lot size, minimum lot width and depth,

building setbacks and other measures that the county may impose to

limit the density of development ;

(5) a plat or subdivision in an adjoining county; or

(6) road access to a plat or subdivision in an

adjoining county.

SECTION 2. Section 232.103, Local Government Code, is

amended to read as follows:

Sec. 232.103. LOT FRONTAGES. 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.

The commissioners court is prohibited from adopting minimum lot

frontages on newly platted or created local public or private

roads.

SECTION 3. Section 232.104, Local Government Code, is

amended as to read 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 existing county and state roads as provided by

Chapter 233 without the limitation period provided by Section

233.004(c).

SECTION 4. Section 233.032, Local Government Code is

amended to read as follows:

Sec. 233.032. POWERS AND DUTIES OF COMMISSIONERS COURT.

(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 existing roads, in

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 existing public roads 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.

(c) The commissioners court may designate the public roads

that are major highways and roads.

(d) The commissioners court may not establish set-backs

from private roads or roads not maintained by the county.

SECTION 5. This Act takes effect September 1, 2025.