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, provided they are rationally related to flood management. Additionally, the bill clarifies that in cases of conflict between county orders and municipal regulations, the municipal regulations will prevail.

Furthermore, the bill amends existing sections of the Local Government Code to remove population-based restrictions on counties imposing impact fees for stormwater, drainage, and flood control improvements. It also adds a new section, 561.0075, which allows counties to acquire, own, and operate drainage utility systems for unincorporated areas, with specific provisions regarding service areas and the ability to adopt operational regulations. The bill ensures that users in the service area can appeal drainage charges and clarifies that counties can utilize other revenues for drainage purposes or impose additional 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)