Message From
COUNTY ORDINANCES - EXPLAINED
Many people are surprised to learn that Tom Green County does not have a long list of county ordinances like a city does. The reason is simple: under Texas law, counties operate very differently from cities, choosing to rely on existing state laws rather than creating local regulations.
Incorporated cities have what is called "home rule" authority, which allows them to pass ordinances on a wide range of local issues, such as zoning, business regulations, noise, animal control, and property regulations. Counties in Texas, however, only have the authority that the Texas Legislature specifically grants to them in state law. If the law does not permit counties to regulate something, we generally cannot create an ordinance about it.
Because of this, most county regulations are limited to areas the state has authorized, such as subdivision development, floodplain management, on-site sewage systems (septic systems), and certain public health or emergency orders like burn bans during dangerous fire conditions.
This is why residents sometimes ask why the county does not have ordinances covering issues like game rooms, nuisance properties, or animal control in the unincorporated areas of the county. In many of these cases, the county's role is limited to enforcing state law rather than creating new local rules. In some situations, the Texas Legislature has provided tools that counties may choose to adopt, but those authorities are limited by population and must be approved by the Commissioners Court.
Inside city limits, these types of issues are often addressed through city ordinances. Outside the city, enforcement typically depends on state law and the authorities granted to counties by the Legislature.
This structure is intentional in Texas and is designed to keep counties focused on essential services such as law enforcement, roads and bridges, courts, and public safety while allowing cities to handle more detailed local regulation.
We are always happy to help citizens understand what the county can and cannot regulate under state law, and we will continue working within those laws to serve and protect the residents of Tom Green County.
Citizens should keep these factors in mind when deciding between living in the city or the county.
