Local Government Code Chapter 231 Subchapter K

Updated: Aug 13

Section 231, Subchapter K of the Texas Local Government Code (“Subchapter K”) was

added by the Legislature in 1999. In general section 231 “grants speciﬁc zoning and

land-use regulatory powers to certain counties in narrowly deﬁned areas. Texas

generally limits county land-use authority, but this statute authorizes these counties to

adopt zoning or planning regulations in special contexts,” according to the Texas

Association of Counties 2026 County Subdivision Handbook.

The title of “Subchapter K” is “Hood County,” and it only applies to unincorporated areas

of the County. Defining all of Hood County as a “Watershed,” the broad summary is that

it places responsibility on the Commissioners’ Court of Hood County to protect the

quality and quantity of the County’s water resources and to secure this local area as a

place of recreation, for the entire state. Subchapter K allows the county to create

development regulations and development districts in order to enforce this authority. It

also allows the Commissioners’ Court to appoint a Development Commission in order to

assist in regulation and enforcement and Pecan Plantation has two residents on that

Commission.

The reason Subchapter K is so significant is that, as stated above, counties typically

have limited land-use authority. With zero support from the State, counties have been

left to fend for themselves during this speculative data center real estate craze.

Developers have been securing large parcels of land in rural areas, with little resistance.

Subchapter K gives Hood County an opportunity to push back.

Unfortunately, even with Subchapter K, our Commissioners’ Court has been unable to

produce a consistent majority that uses Subchapter K to the fullest extent in order to

protect our watershed. We should all get familiar with this piece of legislation and

encourage our leaders to use it.

Author: Matt Long Member of the Hood County Development Commission

Recent Posts