CHAPTER 391. REGIONAL PLANNING COMMISSIONS

State Codes and Statutes

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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;

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

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.

(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.

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.

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.

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.

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).

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.

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;

(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.

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.

(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.

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.

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.

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.

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.

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