This bill, introduced by Senator Eckhardt, aims to enhance the authority of counties in Texas regarding flood management through the establishment of drainage utilities, the imposition of drainage fees, and the regulation of land use. It amends the Local Government Code by adding Section 240.906, which allows county commissioners 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, in cases of conflict between county orders and municipal regulations, the municipal regulations will prevail.

The bill also modifies existing provisions related to impact fees for stormwater, drainage, and flood control by removing the population-based restrictions on counties that can impose such fees. It introduces Section 561.0075, which permits counties to acquire, own, finance, or operate drainage utility systems for unincorporated areas, similar to municipalities. The service area for these drainage utilities is defined, and counties are empowered to adopt regulations for their operation. Furthermore, the bill allows users in the service area to appeal drainage charges and clarifies that counties can utilize other revenues for drainage purposes and 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)