HB 190 — Relating to the authority of a county to establish drainage utilities, impose drainage fees, and regulate land use for the purpose of flood management.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 4 section(s) of the Texas statutes: Section 240.906, Section 395.079, Section 395.079(a), Local Government Code, Section 561.0075, Local Government Code.

• Section 240.906

  Sec. 240.906. LAND USE REGULATION FOR FLOOD CONTROL. (a) The commissioners court of a county by order may adopt land use regulations for the purpose of flood management. The order may include: (1) impervious cover regulations that do not prohibit all development in a floodplain or flood zone; (2) setback and lot size standards; (3) landscaping standards; and (4) any other land use issue applicable to flood management. (b) A commissioners court may not adopt an order under this section unless the regulations included in the order are rationally related to flood management. (c) To the extent of a conflict between a county order adopted under this section and a municipal ordinance or other regulation regulating the same conduct, the municipal ordinance or regulation prevails.

  added

• Section 395.079

  IN POPULOUS COUNTY

  amended

• Section 395.079(a), Local Government Code

  Any that has a population of 3.3 million or more or that borders a county with a population of 3.3 million or more, and within any such county , → A or

  amended

• Section 561.0075, Local Government Code

  Sec. 561.0075. COUNTY DRAINAGE SYSTEM. (a) Subject to the provisions of this section, a county may acquire, own, finance, or operate, or contract for the operation of, a drainage utility system to serve an unincorporated area of the county in the same manner as a municipality under Subchapter C, Chapter 552, that has adopted that subchapter, and for the purposes of this section the provisions of that subchapter apply to a county. (b) For the purposes of this section, "benefitted property" has the meaning assigned by Section 552.044(1)(A). (c) The service area of a county drainage utility system may include the unincorporated areas of the county which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of the county, except that the service area may not include a municipality's extraterritorial jurisdiction. The service area must be established in the order establishing the drainage utility. (d) The commissioners court of a county by order may adopt regulations it considers appropriate to operate a drainage utility system. (e) A user residing in the service area of an affected county, as defined by Section 13.002, Water Code, may appeal the county's rates established for drainage charges under Section 13.043(b) of that code. (g) Section 552.053(e) does not apply to a county drainage charge, order, or rule. (h) This section does not preclude a county from: (1) utilizing revenues, other than drainage utility revenues, for drainage purposes; or (2) imposing impact fees or other charges for drainage authorized by law.

  added

Action History

1. July 23, 2025

   Filed

Sponsors

• Erin Zwiener · Primary

Subjects