Bill to limit commissioners courts’ ability to regulate subdivisions fails to advance in Texas Legislature

After failing to progress through the Texas House in the late hours on Monday, Senate Bill 2037 no longer will be a worry for the Lampasas County Commissioners Court.

On Monday morning, prior to postponement of the bill in the Texas Legislature, the Commissioners Court unanimously approved a proclamation in opposition to the potential legislation. Commissioners said they feared their ability to regulate developments outside the county could lead to uncontrolled growth.

The Senate bill, written by Sen. Paul Bettencourt (R-Houston), sought to remove the authority for cities and counties to regulate land outside city limits.

Under SB 2037, the Lampasas County Commissioners Court would have lost the ability to mandate a one-acre minimum lot size outside Lampasas city limits.

SB 2037 intended to remove local governing bodies’ authority to regulate the size of buildings that could be constructed on a particular tract of land, the minimum lot size, dimensions of a lot or the number of residential units that could be built per acre of land.

The bill also proposed to repeal Sections 232.103 and 232.104 of the Local Government Code. These sections require developers to provide certain information when applying for plat approval.

A point of order issued during Monday’s session in the Texas House ultimately ended any chances of SB 2037 becoming law.

With this year’s legislative session set to end May 29, lawmakers are running out of time to pass bills and send them to Gov. Greg Abbot’s desk for his signature.