The bill, S.B. No. 45, 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. A new section, 240.906, is added 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. However, any regulations adopted must be rationally related to flood management, and in cases of conflict with municipal ordinances, the municipal regulations will prevail.

Additionally, the bill amends existing provisions related to impact fees for stormwater, drainage, and flood control, removing the population-based restrictions on counties that can impose such fees. It introduces a new section, 561.0075, which allows counties to acquire, own, finance, or operate drainage utility systems for unincorporated areas, with specific guidelines on service areas and the ability for users to appeal drainage charges. The bill also clarifies that counties can use revenues for drainage purposes beyond those generated by drainage utilities and can impose other legally authorized charges. 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)