CHAPTER 391. REGIONAL PLANNING COMMISSIONS
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 391. REGIONAL PLANNING COMMISSIONS
Sec. 391.001. PURPOSE. (a) The purpose of this chapter is to
encourage and permit local governmental units to:
(1) join and cooperate to improve the health, safety, and
general welfare of their residents; and
(2) plan for the future development of communities, areas, and
regions so that:
(A) the planning of transportation systems is improved;
(B) adequate street, utility, health, educational, recreational,
and other essential facilities are provided as the communities,
areas, and regions grow;
(C) the needs of agriculture, business, and industry are
recognized;
(D) healthful surroundings for family life in residential areas
are provided;
(E) historical and cultural values are preserved; and
(F) the efficient and economical use of public funds is
commensurate with the growth of the communities, areas, and
regions.
(b) The general purpose of a commission is to make studies and
plans to guide the unified, far-reaching development of a region,
eliminate duplication, and promote economy and efficiency in the
coordinated development of a region.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.002. DEFINITIONS. In this chapter:
(1) "Governmental unit" means a county, municipality, authority,
district, or other political subdivision of the state.
(2) "Commission" means a regional planning commission, council
of governments, or similar regional planning agency created under
this chapter.
(3) "Region" means a geographic area consisting of a county or
two or more adjoining counties that have, in any combination:
(A) common problems of transportation, water supply, drainage,
or land use;
(B) similar, common, or interrelated forms of urban development
or concentration; or
(C) special problems of agriculture, forestry, conservation, or
other matters.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.003. CREATION. (a) Any combination of counties or
municipalities or of counties and municipalities may agree, by
ordinance, resolution, rule, order, or other means, to establish
a commission.
(b) The agreement must designate a region for the commission
that:
(1) consists of territory under the jurisdiction of the counties
or municipalities, including extraterritorial jurisdiction; and
(2) is consistent with the geographic boundaries for state
planning regions or subregions that are delineated by the
governor and that are subject to review and change at the end of
each state biennium.
(c) A commission is a political subdivision of the state.
(d) This chapter permits participating governmental units the
greatest possible flexibility to organize a commission most
suitable to their view of the region's problems.
(e) The counties and municipalities making the agreement may
join in the exercise of, or in acting cooperatively in regard to,
planning, powers, and duties as provided by law for any or all of
the counties and municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.004. PLANS AND RECOMMENDATIONS. (a) A commission may
plan for the development of a region and make recommendations
concerning major thoroughfares, streets, traffic and
transportation studies, bridges, airports, parks, recreation
sites, school sites, public utilities, land use, water supply,
sanitation facilities, drainage, public buildings, population
density, open spaces, and other items relating to the
commission's general purposes.
(b) A plan or recommendation of a commission may be adopted in
whole or in part by the governing body of a participating
governmental unit.
(c) A commission may assist a participating governmental unit
in:
(1) carrying out a plan or recommendation developed by the
commission; and
(2) preparing and carrying out local planning consistent with
the general purpose of this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.005. POWERS. (a) A commission may contract with a
participating governmental unit to perform a service if:
(1) the participating governmental unit could contract with a
private organization without governmental powers to perform the
service; and
(2) the contract to perform the service does not impose a cost
or obligation on a participating governmental unit not a party to
the contract.
(b) A commission may:
(1) purchase, lease, or otherwise acquire property;
(2) hold or sell or otherwise dispose of property;
(3) employ staff and consult with and retain experts; or
(4)(A) provide retirement benefits for its employees through a
jointly contributory retirement plan with an agency, firm, or
corporation authorized to do business in the state; or
(B) participate in the Texas Municipal Retirement System, the
Employees Retirement System of Texas, or the Texas County and
District Retirement System when those systems by legislation or
administrative arrangement permit participation.
(c) Participating governmental units may by joint agreement
provide for the manner of cooperation between participating
governmental units and provide for the methods of operation of
the commission, including:
(1) employment of staff and consultants;
(2) apportionment of costs and expenses;
(3) purchase of property and materials; and
(4) addition of a governmental unit.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.006. GOVERNING BODY OF COMMISSION. (a) Participating
governmental units may by joint agreement determine the number
and qualifications of members of the governing body of a
commission.
(b) At least two-thirds of the members of a governing body of a
commission must be elected officials of participating counties or
municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.007. DETAIL OR LOAN OF AN EMPLOYEE. (a) A state
agency or a governmental unit may detail or loan an employee to a
commission.
(b) During the period of the detail or loan, the employee
continues to receive salary, leave, retirement, and other
personnel benefits from the lending agency or governmental unit
but works under the direction and supervision of the commission.
(c) The detail or loan of an employee may be on a reimbursable
or nonreimbursable basis as agreed by the lending agency or
governmental unit and the commission. The detail or loan expires
at the mutual consent of the lending agency or governmental unit
and the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.008. REVIEW AND COMMENT PROCEDURES. (a) In a state
planning region or subregion in which a commission has been
organized, the governing body of a governmental unit within the
region or subregion, whether or not a member of the commission,
shall submit to the commission for review and comment an
application for a loan or grant-in-aid from a state agency, and
from a federal agency if the project is one for which the federal
government requires review and comment by an areawide planning
agency, before the application is filed with the state or federal
government.
(b) For federally aided projects for which an areawide review is
required by federal law or regulation, the commission shall
review the application from the standpoint of consistency with
regional plans and other considerations as specified in federal
or state regulations and shall enter its comments on the
application and return it to the originating governmental unit.
(c) For other federally aided projects and for state-aided
projects, the commission shall advise the governmental unit on
whether the proposed project for which funds are requested has
regionwide significance.
(d) If the proposed project has regionwide significance, the
commission shall determine whether it is in conflict with a
regional plan or policy. It may consider whether the proposed
project is properly coordinated with other existing or proposed
projects within the region. The commission shall record on the
application its view and comments, transmit the application to
the originating governmental unit, and send a copy to the
concerned federal or state agency.
(e) If the proposed project does not have regionwide
significance, the commission shall certify that it is not in
conflict with a regional plan or policy.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE
AGENCIES. (a) To protect the public interest and promote the
efficient use of public funds, the governor, with the technical
assistance of the state auditor, may draft and adopt:
(1) rules relating to the operation and oversight of a
commission;
(2) rules relating to the receipt or expenditure of funds by a
commission, including:
(A) restrictions on the expenditure of any portion of commission
funds for certain classes of expenses; and
(B) restrictions on the maximum amount of or percentage of
commission funds that may be expended on a class of expenses,
including indirect costs or travel expenses;
(3) annual reporting requirements for a commission;
(4) annual audit requirements on funds received or expended by a
commission from any source;
(5) rules relating to the establishment and use of standards by
which the productivity and performance of each commission can be
evaluated; and
(6) guidelines that commissions and governmental units shall
follow in carrying out the provisions of this chapter relating to
review and comment procedures.
(a-1) The governor may draft and adopt rules under Subsection
(a) using negotiated rulemaking procedures under Chapter 2008,
Government Code.
(a-2) Based on a risk assessment performed by the state auditor
and subject to the legislative audit committee's approval for
inclusion in the audit plan under Section 321.013, Government
Code, the state auditor's office shall assist the governor as
provided by Subsection (a).
(b) The governor and state agencies shall provide technical
information and assistance to the members and staff of a
commission to increase, to the greatest extent feasible, the
capability of the commission to discharge its duties and
responsibilities prescribed by this chapter and to ensure
compliance with the rules, requirements, and guidelines adopted
under Subsection (a).
(c) In carrying out their planning and program development
responsibilities, state agencies shall, to the greatest extent
feasible, coordinate planning with commissions to ensure
effective and orderly implementation of state programs at the
regional level.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 281, Sec. 16, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 694, Sec. 1, eff. June 13, 2001;
Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 9.01, 9.02, eff. Jan.
11, 2004.
Sec. 391.0091. STATE AGENCY CONSULTATION WITH REGIONAL PLANNING
COMMISSIONS. (a) In this section, "service" includes a program.
(b) If a state agency determines that a service provided by that
agency should be decentralized to a multicounty region, the
agency shall use a state planning region or combination of
regions for the decentralization.
(c) A state agency that decentralizes a service provided to more
than one public entity or nonprofit organization in a region
shall consult with the commission for that region in planning the
decentralization. The commission shall consult with each affected
public entity or nonprofit organization.
(d) A state agency, in planning for decentralization of a
service in a region, shall consider using a commission for that
service to:
(1) achieve efficiencies through shared costs for:
(A) executive management;
(B) administration;
(C) financial accounting and reporting;
(D) facilities and equipment;
(E) data services; and
(F) audit costs;
(2) improve the planning, coordination, and delivery of services
by coordinating the location of services;
(3) increase accountability and local control by placing a
service under the oversight of the commission; and
(4) improve financial oversight through the auditing and
reporting required under this chapter.
(e) This section does not apply to a service:
(1) that continues to be operated by a state agency through a
regional administrative office of that agency; or
(2) for which the state agency determines that a law, rule, or
program policy makes use of the geographic area of a single
county or adjacent counties more appropriate.
Added by Acts 2003, 78th Leg., ch. 718, Sec. 1, eff. Sept. 1,
2003.
Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The audit
and reporting requirements under Section 391.009(a) shall include
a requirement that a commission annually report to the state
auditor:
(1) the amount and source of funds received by the commission;
(2) the amount and source of funds expended by the commission;
(3) an explanation of any method used by the commission to
compute an expense of the commission, including computation of
any indirect cost of the commission;
(4) a report of the commission's productivity and performance
during the annual reporting period;
(5) a projection of the commission's productivity and
performance during the next annual reporting period;
(6) the results of an audit of the commission's affairs prepared
by an independent certified public accountant; and
(7) a report of any assets disposed of by the commission.
(b) The annual audit of a commission may be commissioned by the
commission or at the direction of the governor's office, as
determined by the governor's office, and shall be paid for from
the commission's funds.
(c) A commission shall submit any other report or an audit to
the state auditor and the governor.
(d) If a commission fails to submit a report or audit required
under this section or is determined by the state auditor to have
failed to comply with a rule, requirement, or guideline adopted
under Section 391.009, the state auditor shall report the failure
to the governor's office. The governor may, until the failure is
corrected:
(1) appoint a receiver to operate or oversee the commission; or
(2) withhold any appropriated funds of the commission.
(e) A commission shall send to the governor, the state auditor,
the comptroller, and the Legislative Budget Board a copy of each
report and audit required under this section or under Section
391.009. The state auditor may review each audit and report,
subject to a risk assessment performed by the state auditor and
to the legislative audit committee's approval of including the
review in the audit plan under Section 321.013, Government Code.
If the state auditor reviews the audit or report, the state
auditor must be given access to working papers and other
supporting documentation that the state auditor determines is
necessary to perform the review. If the state auditor finds
significant issues involving the administration or operation of a
commission or its programs, the state auditor shall report its
findings and related recommendations to the legislative audit
committee, the governor, and the commission. The governor and the
legislative audit committee may direct the commission to prepare
a corrective action plan or other response to the state auditor's
findings or recommendations. The legislative audit committee may
direct the state auditor to perform any additional audit or
investigative work that the committee determines is necessary.
Added by Acts 1999, 76th Leg., ch. 281, Sec. 17, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 742, Sec. 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, Sec. 66, eff. Sept.
1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 9.03, eff.
Jan. 11, 2004.
Sec. 391.00951. REPORT TO SECRETARY OF STATE. (a) In this
section, "colonia" means a geographic area that:
(1) is an economically distressed area as defined by Section
17.921, Water Code;
(2) is located in a county any part of which is within 62 miles
of an international border; and
(3) consists of 11 or more dwellings that are located in close
proximity to each other in an area that may be described as a
community or neighborhood.
(b) To assist the secretary of state in preparing the report
required under Section 405.021, Government Code, the commission
on a quarterly basis shall provide a report to the secretary of
state detailing any projects funded by the commission that
provide assistance to colonias.
(c) The report must include:
(1) a description of any relevant projects;
(2) the location of each project;
(3) the number of colonia residents served by each project;
(4) the exact amount spent or the anticipated amount to be spent
on each colonia served by each project;
(5) a statement of whether each project is completed and, if
not, the expected completion date of the project; and
(6) any other information, as determined appropriate by the
secretary of state.
(d) The commission shall require an applicant for funds
administered by the commission to submit to the commission a
colonia classification number, if one exists, for each colonia
that may be served by the project proposed in the application.
If a colonia does not have a classification number, the
commission may contact the secretary of state or the secretary of
state's representative to obtain the classification number. On
request of the commission, the secretary of state or the
secretary of state's representative shall assign a classification
number to the colonia.
Added by Acts 2007, 80th Leg., R.S., Ch.
341, Sec. 19, eff. June 15, 2007.
Sec. 391.010. CONFLICT OF INTEREST IN PROVISION OF LEGAL
SERVICES. (a) A member of the governing body of a commission or
a person who provides legal services to a commission may not:
(1) provide legal representation before or to the commission on
behalf of a governmental unit located, in whole or in part,
within the boundaries of the commission; or
(2) be a shareholder, partner, or employee of a law firm that
provides those legal services to the governmental unit.
(b) A person who violates Subsection (a) may not receive
compensation or reimbursement for expenses from the commission or
governmental unit.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.011. FUNDS. (a) A commission does not have power to
tax.
(b) A participating governmental unit may appropriate funds to a
commission for the costs and expenses required in the performance
of its purposes.
(c) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental unit, the state, the federal government, or other
source.
(d) A commission may not expend funds for an automobile
allowance for a member of the governing body of the commission if
the member holds another state, county, or municipal office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 713, Sec. 3, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 280, Sec. 18, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1498, Sec. 6, eff. Sept. 1, 1999.
Sec. 391.0115. RESTRICTIONS ON COMMISSION TRAVEL COSTS. (a) In
reimbursing commission personnel for travel expenses, a
commission may not expend funds for travel in excess of the
amount of money that may be expended for state personnel under
the General Appropriations Act or travel regulations adopted by
the comptroller, including any restrictions on mileage
reimbursement, per diem, and lodging reimbursement rates.
(b) A member of the governing body of a commission may not be
reimbursed from state-appropriated funds, including federal
funds, for official travel in an amount in excess of the rates
set for travel by state board and commission members. If a hotel
is unable or unwilling to provide a commission or its officers or
employees a rate equivalent to the rate provided to state
employees or if a negotiated conference rate for an officially
sanctioned conference or meeting exceeds the applicable state
reimbursement rate for lodging, a commission may reimburse for
lodging expenses at the rates of the expenses incurred.
(c) A commission may not expend any funds for the purchase of
alcoholic beverages or entertainment.
(d) A commission may purchase goods or a service only if the
commission complies with the same provisions for purchasing goods
or a service that are equivalent to the provisions, including
Chapter 252, applying to a local government.
(e) A commission may not spend an amount more than 15 percent of
the commission's total expenditures on the commission's indirect
costs. For the purposes of this subsection, the commission's
capital expenditures and any subcontracts, pass-throughs, or
subgrants may not be considered in determining the commission's
total direct costs. In this subsection, "pass-through funds"
means funds, including subgrants or subcontracts, that are
received by a commission from the federal or state government or
other grantor for which the commission serves merely as a cash
conduit and has no administrative or financial involvement in the
program, such as contractor selection, contract provisions,
contract methodology payment, or contractor oversight and
monitoring.
(f) In this section, "indirect costs" means costs that are not
directly attributable to a single action of a commission. The
governor shall use the federal Office of Management and Budget
circulars A-87 and A-122 or use any rules relating to the
determination of indirect costs adopted under Chapter 783,
Government Code, in administering this section.
Added by Acts 1999, 76th Leg., ch. 280, Sec. 19, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1498, Sec. 7, eff. Sept. 1, 1999.
Sec. 391.0116. RESTRICTIONS ON EMPLOYMENT. (a) An employee of
a commission when using state-appropriated funds, including
federal funds, is subject to the same rules regarding lobbying
and other advocacy activities as an employee of any state agency.
(b) The nepotism provisions of Chapter 573, Government Code,
apply to a commission.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 7, eff. Sept. 1,
1999.
Sec. 391.0117. SALARY SCHEDULES. (a) For each fiscal year, a
commission shall adopt a salary schedule containing a
classification salary schedule for classified positions and
identifying and specifying the salaries for positions exempt from
the classification salary schedule.
(b) The salary schedule adopted by the commission may not
exceed, for classified positions, the state salary schedule for
classified positions as prescribed by the General Appropriations
Act adopted by the most recent legislature. A commission may
adopt a salary schedule that is less than the state salary
schedule.
(c) A salary for a position classified under the salary schedule
may not exceed the state salary that has been approved by the
state auditor's office and paid by the state for comparable work.
(d) A position may only be exempted from the classification
salary schedule adopted by the commission if the exemption and
the amount of salary paid for the exempt position is within the
range determined appropriate for state exempt positions by the
state auditor.
(e) A commission shall submit to the state auditor the
commission's salary schedule, including the salaries of all
exempt positions, not later than the 45th day before the date of
the beginning of the commission's fiscal year. If the state
auditor, subject to the legislative audit committee's approval
for inclusion in the audit plan under Section 321.013, Government
Code, has recommendations to improve a commission's salary
schedule or a portion of the schedule, the state auditor shall
report the recommendations to the governor's office. The
governor's office may not allow the portion of the schedule for
which the state auditor has recommendations to go into effect
until revisions or explanations are given that are satisfactory
to the governor based on recommendations from the state auditor.
(f) This section does not apply to a commission if the most
populous county that is a member of the commission has an actual
average weekly wage that exceeds the state actual average weekly
wage by 20 percent or more for the previous year as determined by
the Texas Workforce Commission in its County Employment and Wage
Information Report.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 26, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
9.04, eff. Jan. 11, 2004.
Sec. 391.012. STATE FINANCIAL ASSISTANCE. (a) To qualify for
state financial assistance, a commission must:
(1) have funds available annually from sources other than
federal or state governments equal to or greater than half of the
state financial assistance for which the commission applies;
(2) comply with the regulations of the agency responsible for
administering this chapter;
(3) offer membership in the commission to all counties and
municipalities included in the state planning region;
(4) include any combination of counties or municipalities having
a combined population equal to or greater than 60 percent of the
population of the state planning region;
(5) include at least one full county;
(6) encompass an area that is economically and geographically
interrelated and forms a logical planning region; and
(7) be engaged in a regional planning process.
(b) Within funds available and in accordance with rules issued
by the office of the governor, a commission may use state
financial assistance to:
(1) promote intergovernmental cooperation by coordinating
regional plans and programs with member governments, nonmember
governments, state agencies which impact the region, and, where
state agencies have regional office structures, state agency
regional offices;
(2) function as a regional review agency under the Texas Review
and Comment System pursuant to state and federal statutes and
regulations;
(3) leverage commission dues, local funds, and state funds to
obtain maximum federal funding assistance and private funding for
the state and the region;
(4) provide assistance to local governments;
(5) assist state agencies and organizations in developing local
and regional input for state plans, in planning for the
successful implementation of state programs at the regional level
as required in Section 391.009(c), in preparing for and
conducting state-sponsored hearings and public meetings, and in
disseminating state-generated information and educational
materials; and
(6) provide assistance to state agencies and organizations in
developing, implementing, and assessing state programs and
services within the region as needed.
(c) A commission that qualifies for state financial assistance
is eligible annually for an amount determined as follows:
(1) $1,000 for each dues-paying member county;
(2) an additional 10 cents per capita for the population of
dues-paying member counties and municipalities; and
(3) the amount necessary to assure that the total amount
available to the commission is no less than $50,000.
(d) If state appropriations are more than the amount necessary
to fund the level of financial assistance generated by this
formula, the governor shall increase the funding for which each
commission is eligible in proportion to the amount it would have
been eligible to receive in Subsection (c).
(e) If state appropriations are less than the amount necessary
to fund the level of financial assistance generated by the
formula in Subsection (c) above:
(1) No commission shall receive less than annual financial
assistance of $50,000, as long as financial assistance available
to all commissions remains at or above the level of assistance
allocated in fiscal year 2003.
(2) If available annual financial assistance is less than the
amount allocated in fiscal year 2003, assistance to all
commissions shall be reduced proportionally from the assistance
they would have received at the fiscal year 2003 funding level.
(f) For the purposes of this section, the population of a county
is the population outside all dues-paying member municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 1137, Sec. 1, eff. June 20,
2003.
Sec. 391.013. INTERSTATE COMMISSIONS. (a) With the advance
approval of the governor, a commission that borders another state
may:
(1) join with a similar commission or planning agency in a
contiguous area of the bordering state to form an interstate
commission; or
(2) permit a similar commission or planning agency in a
contiguous area of the bordering state to participate in planning
functions.
(b) Funds provided a commission may be commingled with funds
provided by the government of the bordering state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.014. INTERNATIONAL AREAS. With the advance approval of
the governor, a commission that borders the Republic of Mexico
may spend funds in cooperation with an agency, constituent state,
or local government of the Republic of Mexico for planning
studies encompassing areas lying both in this state and in
contiguous territory of the Republic of Mexico.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 391.015. WITHDRAWAL FROM COMMISSION. A participating
governmental unit may withdraw from a commission by majority vote
of its governing body unless it has been otherwise agreed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.