Texas Local Government Code

§ 81.033 — POWER OF COMMISSIONERS COURT IN COUNTY WITH NO INCORPORATED TERRITORY

LG § 81.033Title 3. ORGANIZATION OF COUNTY GOVERNMENT · Part B. COMMISSIONERS COURT AND COUNTY OFFICERS · Ch. 81. COMMISSIONERS COURT · Art. B. DUTIES AND POWERS

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(a)This section applies only to a commissioners court of a county that has a population of more than 4,500, is located within 100 miles of an international boundary, and contains no incorporated territory of a municipality.

(b)If approved at an election held in the county for that purpose, the commissioners court has, in addition to the powers given to it under this code or other law, all the powers of the governing body of a Type A general-law municipality, including the powers contained in Subtitle A, Title 7, except that:

(1)the commissioners court may not regulate an activity outside the county;

(2)the commissioners court may not regulate a tract of land that is appraised as agricultural or open-space land by the appraisal district;

(3)the commissioners court may not exercise the powers of a municipality under Chapter 211 or 213; and

(4)if this code or other law provides for a procedure by which a county exercises a power, the commissioners court must use that procedure.

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 1, eff. June 15, 2007. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 126, eff. September 1, 2023.