From the 86th: City, County, and Local Government Bills

HB 2566 - relating to the authority of certain counties to regulate litter and mosquito control.

Cameron County has experienced health and safety issues in the unincorporated areas of the county, such as the accumulation of water in improperly disposed tires, which become breeding grounds for disease-carrying mosquitoes. H.B. 2566 seeks to address these issues by authorizing the commissioner's courts of certain counties to adopt and enforce certain orders relating to litter and mosquito control.

TMHA worked to narrow the applicability of this bill to only regulate litter and mosquitoes.  As originally filed the language would have allowed the county to “adopt and enforce orders to protect the health and safety of the public.”  This was concerning due to its exceptionally broad language. 

However, the final version that was passed into law is much more limiting, and TMHA was able to further secure assurances against any authority towards regulation of,” manufactured or industrialized housing constructed to state or federal building standards in a manner that is different from regulation of site-built housing.” And specified the law changes, “does not authorize the adoption of: (1)  zoning regulations not otherwise authorized under Chapter 231; or (2)  building regulations not otherwise authorized under Chapter 233.”

This bill was allowed to become law without the governor’s signature and became effective immediately on June 2, 2019.

HB 3167 - Relating to the procedure for approval of certain land development applications by a political subdivision.

This bill adds city approval of submitted plans to the current law on plats, which places a firm 30-day clock on the city to approve or disapprove of a plan or plat.  The bill would also create a default statue of approval if a city fails to disapprove within the allotted time.  The bill enhances developers’ “vested rights” once they start a project.  The bill would also require cities to provide greater amount of specificity in any denials of planning or platting.

The bill was signed into on June 16 and becomes effective September 1, 2019.