Burnet County seeks law change for more power over subdivisions
Adobe Stock image for illustrative purposes.
The Burnet County Commissioners Court joined the Hill Country Alliance in condemning a 2023 state measure that allows developers to build subdivisions with questionable infrastructure and water access in rural counties.
The court voted unanimously at its regular meeting on Tuesday, Aug. 27, to sign an HCA-written letter urging the Texas Legislature to amend House Bill 3697 when it meets in 2025 and restore regulatory powers to county governments that it removed.
HB 3697 was passed in the 88th session of the Texas Legislature, which met in 2023. It allows developers to create subdivisions without platting requirements if the tracts are 10 or more acres and the roads are private.
County platting requirements mandate specific quality standards for roads and proof of sufficient water access. With the passage of HB 3697, developers can set their own standards for roads and no longer have to provide proof of sufficient water access for the subdivision on county plats.
“HB 3697 took away some of our abilities for platting on 10 acres and above tracts, so what we’re trying to do is get some of that power back to help preserve groundwater and make sure (developers) are building roads up to spec,” Precinct 2 Commissioner Damon Beierle told DailyTrib.com.
The Hill Country Alliance is a coalition of Central Texas governments, organizations, businesses, and landowners seeking to preserve regional resources as development spreads.
The letter lays out the problems with the law and asks the Legislature to reinstate certain language in Chapter 232 of the Texas Local Government Code that was removed in 2023.
“We’re hoping that (the Texas Legislature) makes adjustments to give us back some of the authority that they took away,” Beierle said.
One of the main concerns about potential impacts of HB 3697 is that county governments could be forced to take responsibility for poorly made roads in unregulated subdivisions. For example, if a developer were to make substandard roads that could not withstand time or traffic, residents in these developments would have no recourse for repairing or upgrading them and would have to turn to the county. County standards facilitate access for first responders.
Under the rules of HB 3697, developers could also sell lots without a guarantee of water access. Prospective buyers would have to do their homework or potentially end up with land that has little to no water access or prohibitively high costs to acquire it.
HB 3697 has been an issue for Burnet County leaders since it was enacted in September 2023. County Development Services Director Herb Darling warned the Commissioners Court of its potential impacts when the bill was still up for consideration.
“Is (HB 3697) a big deal? It is to us, and it could be for the residents of Burnet County,” Darling said during a July 2023 meeting of the Commissioners Court. “It really could open the door for some unscrupulous development.”
Contact Burnet County’s state representative, Ellen Troxclair, with questions or concerns about HB 3697 at ellen.troxclair@house.texas.gov or 512-463-0490.
Contact Burnet County’s state senator, Pete Flores, with questions or concerns about HB 3697 at pete.flores@senate.texas.gov or 512-463-0124.
Thank you Commissioner Beierle for leading on this important issue.
The article regarding HB 3697 does not indicate if specific instances within Burnet County exist today….would be good perspective.
Is it a subdivision if it is unincorporated? No. Stay off my land and keep out of my business, if I want private roads and to build my own infrastructure I will. You do not need to protect me from myself and my decisions.
The legislature and the unintended consequences of their poorly crafted laws. Was the intent of House Bill 3697 to help Realtors (is the Texas realtors lobbying group the largest lobbying group in Texas). Who were/are the Burnet County house reps who supported the bill?