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Bill

SB 45

Relating to the authority of a county to establish drainage utilities, impose drainage fees, and regulate land use for the purpose of flood management.

89th Legislature, 2nd Called Session (2025) Introduced by Sarah Eckhardt

SB 45 authorizes Texas counties to create drainage utilities, charge fees, and regulate land use to manage flooding in unincorporated areas.

Filed
#countygovernment--general(i0096) #countygovernment--landuse&zoning(i0098) #environment--water(i0320) #floods(s0327) #fees&othernontaxrevenue--local(i0361) #utilities--water&sewer(i0002) #water--development(i0875)
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Bill Summary · SB 45

Legislative bill overview

SB 45 would grant Texas counties expanded authority to establish drainage utilities as independent entities, impose drainage fees on properties, and implement land-use regulations specifically designed for flood management purposes. The bill appears to create a new local governance mechanism for managing stormwater and flood risk at the county level, rather than relying solely on municipal or special district approaches.

Why is this important

Flooding causes billions in damages annually across Texas, and counties often lack direct tools to manage drainage infrastructure and prevention across unincorporated areas. This bill could enable counties to fund flood mitigation projects, regulate development in flood-prone zones, and create dedicated revenue streams—addressing a significant gap in flood management authority that currently falls between municipal and state levels.

Potential points of contention

  • Property owner concerns: New drainage fees could increase costs for rural and unincorporated landowners who may feel unfairly targeted or lack political voice in county governance
  • Regulatory scope conflict: Expanded county land-use authority for flood management may overlap with or contradict existing municipal zoning, state environmental rules, or property rights protections
  • Fee structure fairness: Questions about how drainage fees would be calculated, allocated, and whether beneficiary-pays models adequately distinguish between contributing and non-contributing properties

Compiled from official sources — confirm details with the bill’s official record.

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