Bill Text: TX HB5454 | 2025-2026 | 89th Legislature | Introduced

Texas House Bill 5454

Introduced

Bill Title: Relating to the authority of a county to regulate certain land uses.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2025-04-07 - Referred to Land & Resource Management [HB5454 Detail]

Download: Texas-2025-HB5454-Introduced.html



	By: Money	H.B. No. 5454



	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of a county to regulate certain land uses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 231, Local Government Code, is amended
	by adding Subchapter N to read as follows:
	SUBCHAPTER N. REGULATION OF CERTAIN INDUSTRIAL PROJECTS AND
	OFFENSIVE LAND USES
	Sec. 231.301. DEFINITIONS. In this subchapter:
	(1) "Alternative energy facility" means:
	(A) a wind power facility as defined by Section
	301.0001, Utilities Code;
	(B) a solar power facility as defined by Section
	302.0001, Utilities Code; or
	(C) a battery storage facility.
	(2) "Industrial project" includes the construction or
	operation of an electric generating facility, alternative energy
	facility, or manufacturing facility.
	(3) "Offensive land use" includes a concrete plant,
	concrete crushing facility, landfill, solid waste transfer
	station, or automotive wrecking and salvage yard.
	Sec. 231.302. PERMIT REQUIRED. Notwithstanding any other
	law, a person may not begin the construction or operation of an
	industrial project or offensive land use in the unincorporated area
	of a county unless the person obtains a permit from the
	commissioners court of the county.
	Sec. 231.303. COUNTY INDUSTRIAL PROJECT PERMITTING
	PROCESS. (a) A commissioners court of a county shall by order
	establish a procedure to review and approve an application for a
	permit to build or operate an industrial project.
	(b) If a commissioners court by order finds that a proposed
	project requires substantial infrastructure or resources, the
	commissioners court may by order determine that the project
	constitutes an industrial project for purposes of the permit
	requirement under this subchapter.
	(c) A permitting procedure established by a county under
	this subchapter must:
	(1) require the permit be issued by order of the
	commissioners court; and
	(2) provide for at least two public hearings, held no
	less than two weeks and no more than two months apart.
	(d) In issuing a permit, a commissioners court must
	consider:
	(1) the compatibility of the proposed project with
	existing land uses in the surrounding area;
	(2) the potential impact of the proposed project on:
	(A) public health and safety;
	(B) air, water, and soil quality; and
	(C) local infrastructure, including roads,
	utilities, and emergency services;
	(3) public comment and input from county residents and
	other stakeholders; and
	(4) other factors that the commissioners court
	determines are relevant to balancing the interest in development
	and the welfare of the community.
	(e) A permit issued under this section may include
	conditions and requirements that the commissioners court
	determines are necessary to mitigate potential negative effects of
	the project for which a permit is sought, including a requirement
	that the applicant implement measures for:
	(1) protecting public health and safety, including
	providing necessary training and equipment for emergency services;
	(2) local infrastructure improvement or maintenance;
	(3) ensuring air, water, and soil quality; and
	(4) noise reduction.
	(f) A commissioners court may revoke, suspend, or deny
	renewal of a permit issued under this subchapter if the
	commissioners court by order finds that:
	(1) the permit holder has violated the terms of the
	permit; or
	(2) the permitted project causes undue harm to the
	surrounding area or community.
	Sec. 231.304. ENFORCEMENT. The commissioners court of a
	county may adopt orders to enforce this subchapter or an order
	adopted under this subchapter.
	SECTION 2. This Act takes effect September 1, 2025.