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 rules, setback and lot size standards, landscaping standards, and other relevant land use issues, provided they are rationally related to flood management. Additionally, in cases of conflict between county orders and municipal ordinances, the municipal regulations will take precedence.

The bill also amends existing sections of the Local Government Code, including the heading of Section 395.079, which now removes the population restriction previously stated, allowing any county or district authorized to provide storm water, drainage, and flood control facilities to impose impact fees for necessary improvements. Furthermore, a new section, 561.0075, is added to allow 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 counties can appeal drainage charges and does not limit their ability to use 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)