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. Importantly, 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 Section 395.079 of the Local Government Code to remove the population restriction for counties imposing impact fees for stormwater, drainage, and flood control, thereby allowing any county or district to do so. It also introduces Section 561.0075, which permits 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 clarifies that counties can use revenues for drainage purposes and 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)