The second chart is our summation of what's possible, based on our experience in the field of engineering and planning, and our review of the city codes.

This chart refers to SB 873. That's because we prepared these after the passage, in a prior session, of SB 873, the "urban counties" bill mentioned above. The implications for non-urban counties are very similar, because one of the main things SB 1867 does is to basically open up for all counties the authority that was first created for certain urban counties under SB 873.

On this chart, when we say "for the bold," we mean just that. The authority is not explicit and may not be crystal clear. So it depends on the situation in your county: how big an issue is subdivision regulation, what kind of growth are you seeing, what is your risk tolerance? You can cross reference with Chart No. 1 to get an idea which cities have tried to regulate these issues.

"Beyond the pale," the last category in Chart No. 2, is our way of saying "Don't' go there." These are issues either specifically prohibited by the legislature, or that were discussed and cut from the bill in committee, or, simply, are a little "too bold" for Texas counties to implement. As most of you know, counties in some other states are given much more authority than here in Texas.

Keep in mind that we're an engineering and planning firm, not a law firm. This isn't intended as legal advice. But we work all across the state, and in several other states across the country, and we're familiar with both planning theory and practical politics. This is our effort to give you a rough idea, a starting place – a sense of what's possible – with this new authority.

If you decide to overhaul your subdivision regulations, we recommend you think carefully and in advance about not only the substance but the process. You want to bring your community along with you, explain what you're doing and why – both because that's good government, and also because it's good politics and sound strategy in case you're ever challenged in court.

The associations representing counties – TAC, the CUC, the state judge's and commissioners association – have done an admirable job of earning new tools for county governments to use. Good luck with it. And if you decide you'd like a helping hand along the way, we've got the experience … and the desire.

Doucet & Associates, Inc.
7401 B Highway 71 West, Suite 160
Austin, TX 78735
P. 512.583.2600
F. 512.583.2601