H.B. No. 108 aims to enhance the authority of counties in Texas regarding flood management by allowing them to establish drainage utilities, impose drainage fees, and regulate land use. The bill introduces a new section, 240.906, to the Local Government Code, which empowers the commissioners court of a county to adopt land use regulations specifically for flood management. These regulations may include impervious cover standards, setback and lot size requirements, landscaping standards, and other relevant land use issues. Additionally, the bill stipulates that any regulations must be rationally related to flood management and that municipal ordinances will prevail in case of conflicts.

Furthermore, the bill amends existing sections of the Local Government Code, including the heading of Section 395.079, which now removes the population restriction previously stated. It also adds a new section, 561.0075, allowing counties to acquire and operate drainage utility systems for unincorporated areas, with specific provisions regarding service areas and the ability to adopt operational regulations. The bill clarifies that users in the service area can appeal drainage charges and allows counties to utilize other revenues for drainage purposes or impose impact fees as authorized by law. The act is set to take effect 91 days after the legislative session concludes.

Statutes affected:
Introduced: Local Government Code 395.079 (Local Government Code 395)