This guide is intended to familiarize landowners with laws of Texas that affect property rights. It is not represented as complete or intended to serve as a legal representation nor as legal advice or counsel. Consult an attorney concerning any legal questions.

All laws referred to below can be found at statutes.capitol.texas.gov.

Laws

RIGHT TO CONTINUE EXISTING LAND USE IN ANNEXATION
Local Government Code Section 43.002 (1)

There is some protection in the law, but TLC does not believe it is sufficient to prevent a city from eventually imposing zoning that could terminate an existing land use. For example, extensive repair or new construction is often considered to be a new land use by cities, allowing cities to claim power of approval.

RIGHT TO COMPLETE PROJECTS STARTED BEFORE ANNEXATION
Local Government Code Section 43.002 (2)

Generally, if permit applications for a project have been submitted at least 90 days before annexation, that project may be completed without being subject to city zoning authority.

RIGHT TO UTILITY SERVICE IN ANNEXATION
Local Government Code Section 43.056

Annexed areas are generally entitled to full municipal services. Subsection (m) appears to be an exception: “This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service.”

CITY EXEMPTION TO PLATTING INCLUDING EXTRATERRITORIAL JURISDICTION
Local Government Code Section 212.004

“A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.” This appears to exempt tracts larger than five acres under certain conditions.

CITY EXTRATERRITORIAL JURISDICTION
Local Government Code Chapter 42

Powers that cities have outside city limits for a specified distance from the city limit include authority over subdivision of land and the power to “police” a stream that provides drinking water to the city. The primary abuse of this power is to limit impervious cover. For example, Austin and San Antonio have limited impervious cover to 15 percent in some areas; Dripping Springs and other cities have similar ordinances that apply in their E.T.J.

E.T.J. extends one half mile for cities of five thousand and five miles for cities of more than one hundred thousand.

The subdividing of land under certain conditions does not require city or county approval. This applies to a tract of more than 10 acres that has frontage on a public road. There are some differences in exemptions between cities and counties.

CITY LAND USE REGULATION AUTHORITY
Local Government Code Chapter 211

Zoning authority is practically unlimited power to prohibit or dictate use of land within the boundaries of a city. The only use a city cannot deny is a single-family residence, but a city can dictate the density of single-family development.

CITY SUBDIVISION REGULATIONS
Local Government Code Section 212.002

A municipality may adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.

COUNTY LAND USE REGULATION
Local Government Code Chapter 231

As of 2005, only Cameron, Val Verde and a few other counties have zoning authority.

COUNTY POWER TO TAKE ROADWAYS WITHOUT COMPENSATION Transportation Code Chapter 281

This statute allows a county to gain title to a roadway without payment to the owner by a court’s final judgment of adverse possession.

COUNTY SUBDIVISION REGULATION AUTHORITY
Local Government Code Chapter 232

Counties have the authority to approve the subdivision of land and may specify minimum standards for road construction and drainage facilities.

COUNTY SUBDIVISION AUTHORITY OVER WELLS
Water Code Section 35.019

Counties in priority groundwater management areas have the authority to require water availability studies for subdivisions dependent upon water wells and to require any well serving a lot in a subdivision to comply with all regulations applying to a public water system.

COUNTY EXEMPTION TO PLATTING
Local Government Code Section 232.0015

The subdividing of land under certain conditions does not require city or county approval. This applies to a tract of more than 10 acres that has frontage on a public road. There are also exemptions related to agricultural land owned by family members.

EMINENT DOMAIN AUTHORITY
Property Code Chapter 21

This statute outlines the power of government to condemn private property.
Landowner Bill of Rights Concerning Eminent Domain.Section 402.031, Government Code: PREPARATION OF LANDOWNER’S BILL OF RIGHTS STATEMENT. (a) The attorney general shall prepare a written statement that includes a bill of rights for a property owner whose real property may be acquired by a governmental or private entity through the use of the entity’s eminent domain authority under Chapter 21, Property Code.  
 
VESTED RIGHTS LAW IN DEVELOPMENT
Local Government Code Chapter 245

Generally, a project in progress may not be subjected to regulation enacted by a city or county after the project has commenced.

EASEMENTS, PIPELINE & BLANKET EASEMENTS LIMITED TO 50 FEET
Natural Resources Code Section 111.0194 (a)

This statute appears to limit the width of a pipeline easement to 50 feet of installed pipes and apply to easements that originally covered entire tracts.

HUNTING INSIDE CITY LIMITS
Agriculture Code Section 251.002 and 251.005 & Local Government Code Section 229.002

In areas annexed by a city, a rifle or pistol may be used on 50 acres or more if discharged more than 300 feet from a residence. A shotgun, air rifle or bow may be used on 10 acres if more than 150 feet from a residence.

LIABILITY OF LANDOWNERS
Civil Practice and Remedies Code Section 75.002


Owners of agricultural land are not liable for injury to trespassers. Liability for injury is also limited concerning guests.
Limitations of liability of owners of farm animals. Chapter 87, Civil Practices and Remedies Code, Liability Arising from Farm Animals.  

NOTICE OF ELECTRIC SERVICE CONNECTIONS REQUIRED
Health and Safety Code Section 366.005

Electric companies and cooperatives must notify counties of new electric service connections. This alerts counties to any building being constructed without county subdivision approval or septic system permits. The law states: “An electric utility shall compile a list weekly … of the addresses … at which the electric utility has made new electric service connections…. The authorized agent may use the list for the purpose of implementing and enforcing rules under this chapter.”

PUBLIC ACCESS TO STREAMS http://www.tpwd.state.tx.us/texaswater/rivers/navlawarticle.phtml

No one statute defines access to streams.

Generally, the public has access only to the stream bed of a public stream and not the adjacent private property.

Boyd Kennedy, staff attorney at Texas Parks and Wildlife Department, states that there is no master list of public streams in Texas and also provides an extensive list of case law on the subject.

Streams crossed by original land grant survey lines are most likely not public.

SEPTIC SYSTEMS EXEMPT
Health and Safety Code Section 366.052

A permit is not required for onsite sewage disposal on certain single residences. Sections 366.051, 366.053, 366.054 and 366.057 do not apply to an onsite sewage disposal system of a single residence that is located on a tract 10 acres or larger in which the field line or sewage disposal line is not closer than 100 feet of the property line. Effluent from the onsite sewage disposal system on a single residence must be retained in the specified limits and may not create a nuisance or pollute groundwater.

TRESPASS LAW
Penal Code Section 30.05

The Texas Penal Code was amended in 1993 to broaden the definition of criminal trespassing. In summary, a person commits an offense when he or she enters or remains on agricultural land of another without express consent, is on the agricultural land and within one hundred feet of the boundary of the land when apprehended, and has notice that the entry is forbidden or receives notice to depart but fails to leave.

UTILITY SERVICE IMPACT FEES
Local Government Code Chapter 395

This law prevents cities from overcharging property owners for providing water and wastewater service. Prior to Chapter 395’s passage, cities used impact fees to force individual property owners to pay for non-related public expenses. In 1993, TLC played a major role in killing S.B. 880 by Sen. Gonzalo Barrientos, which would have provided that a “development process surcharge” would not be subject to Chapter 395 and would be used to pay for preserve land for endangered species.

RIGHT TO REMOVE LAND FROM A CCN AREA
Water Code Section 13.246 (h)

Certificates of Convenience and Necessity are issued by the Texas Commission on Environmental Quality to create service areas for companies providing water service. Serious problems regarding groundwater and other issues can arise for landowners in these areas. Landowners may remove their land from these areas under certain conditions.

REGULATION OF PRIVATE DAMS & RESERVOIRS
Water Code Section 11.142

Generally, a dam impounding not more than 200 acre-feet of water used only for domestic and livestock purposes is exempt from regulation. Use of the water for irrigation and/or commercial purposes is not exempt. TLC believes the law must be amended to protect the right of any property owner to have a reservoir for such uses as a common recreational lake on private property or in a subdivision or an aesthetically pleasing waterscape.

COUNTY REGULATION OF WATER WELLS
Water Code Section 35.019

In priority groundwater management areas, counties may require availability studies for subdivisions dependent on wells.

GROUNDWATER CONSERVATION DISTRICTS
Water Code Chapter 36

Groundwater conservation districts have the authority to tax, limit pumping, and dictate well drilling and installation standards. Water Code Section 36.117 (b) (1) provides that a well on a tract larger than 10 acres used solely for domestic and livestock water is exempt. Section 36.123 authorizes district employees and agents to enter private property without prior notice. Taxes and regulations differ in different districts. For example, the Hays Trinity District exempts domestic wells serving single residences regardless of tract size and requires owner permission for entry to private property to inspect exempt wells. After S.B. 2 passed in 2001, more than 12 counties created new districts with rules found in S.B. 2. TLC believes that the Legislature should protect groundwater rights per acre of land owned.

TEXAS PROPERTY RIGHTS ACT OF 1995
Government Code Chapter 2007

This statute requires compensation to landowners for inverse condemnation but unfortunately exempts cities.

PROPERTY TAX
Tax Code Chapter 1

This statute authorizes and governs all property taxes in Texas.

PROPERTY AGRICULTURAL OPEN SPACE APPRAISAL TAX
Tax Code Chapter 23 & Texas Constitution Article 8 Section 1 (d) and 1 (d) (1)

There are two separate statutes that allow land to be taxed on an agricultural production basis. Subchapter C Section 23.42 requires the owner’s primary occupation to be agriculture; Subchapter D Section 23.51 does not and is based solely on the use of the land.

Any land appraised as agricultural is subject to paying full market value taxes for prior years if the use changes. Land appraised under Subchapter C is subject to a 3-year roll back tax, and land appraised under Subchapter D is subject to a 5-year roll back. See Sections 23.46 (c) and 23.55 (a).