The Texas Forward Party’s Policy on Zoning and Municipal Governance Responsibilities
Introduction
This document outlines the Texas Forward Party's policy on zoning, unincorporated territories, and local government responsibilities. It emphasizes our core values of local sovereignty and accountability. While the law (specifically Chapter 211 of the Texas Local Government Code) gives cities the authority to zone, recent legislative sessions have seen a trend of the state legislature preempting or overriding local decisions. Instead of the state imposing a one-size-fits-all solution, the Texas Forward Party advocates for legislation that gives local governments more tools to manage their own issues without the threat of state penalties or mandates. The focus is on empowering local communities to find solutions, rather than having the state dictate solutions. More information on The Texas Forward Party’s stance on local policy and procedures can be found here.
Strategies for Improvement
1. Zoning and Redistricting
Local communities should have the primary say in how their areas are developed. Zoning decisions are best made at the local level to ensure they reflect the specific needs and desires of the citizens. We do not support attempts by the state to impose a rigid, top-down approach to zoning that might limit the options of local government.
It is the local government’s responsibility to find solutions and address critical issues such as housing affordability. Solutions may be found through communication and cooperation with the state and county government.
Data-driven solutions and innovative approaches should be used to encourage development and rezoning that meets the needs of a growing or decreasing population. For example, regarding residential zoning, this might include accessory dwelling units (ADUs) or commercial-to-residential conversions to increase housing inventory. When it comes to tracking and conserving water usage municipalities might start looking at AI solutions to improve their systems.
Throughout the zoning process, professionals (data analysts, engineers, planners, geologists, etc.) must be consulted, providing expertise and advice for local officials. The consultant and reports should be documented and available to the public for transparency.
2. Unincorporated Territories
The Forward Party of Texas recognizes the unique challenges faced by residents in unincorporated territories. These residents, who rely on county infrastructure alongside local services, should have a greater voice in the decisions that affect their lives and locations. We support a process for annexation that is transparent and respects the rights of landowners.
Our policy on unincorporated territories is guided by the principle of civic engagement and fairness. Residents should be fully informed about the implications of annexation and have a clear process to provide input. We oppose any process that leverages state power to force annexation without genuine community consent. The decision to annex should be based on a clear, data-driven assessment of how it will benefit both the existing municipality and the unincorporated area, with a focus on delivering quality public services and ensuring adequate representation for all citizens.
3. Local Government Accountability
The Forward Party emphasizes the importance of accountability at the local level and enforcement within the state-county hierarchy. Elected officials must be directly accountable to their constituents for the quality and efficiency of services provided.
We support mechanisms that empower citizens, such as civilian watch groups and public committees, to oversee government operations. Accountability should be driven by the local electorate, first and foremost through elections and then through corresponding council and committee meetings. We encourage civic participation by all citizens should they be dissatisfied with their local government. This includes attending board meetings, speaking up in public forums, and reaching out directly to their officials. If officials continue to not listen or respond to citizen concerns, taking action at the ballot box is the final form of recourse. Without engagement with public officials, citizens should not expect the government to work in their favor as elected officials may not even know there are issues needing to be addressed.
4. Preventing Confusion Over Utility Responsibilities
A frequent problem in unincorporated areas is the lack of a clear, public facing source of information stating which government entity is responsible for providing (or platting) utilities like water, sewer, and electricity. This has led to significant confusion for both new and existing residents, builders, and business owners. The current system relies on a patchwork of private companies, cooperatives, and special districts (like MUDs), which can make it difficult to determine who is responsible for what. Online zoning maps, similar to that of school zones maps or voting precincts, would make this information transparent and accessible.
The Forward Party advocates for a public-facing database, maintained by corresponding state agencies like the Public Utility Commission (PUC) and the Texas Water Development Board (TWDB), that clearly identifies the designated utility providers for every tract of land, including unincorporated areas. Additionally, all real estate transactions in these territories would require a disclosure form from this database explicitly listing the responsible utility providers to prevent mis-zoning.
5. Handling Infrastructure Costs
It is a common practice in Texas for homebuilders to foot the entire bill for new infrastructure in development. While this ensures roads, pipes, and other utilities are built, it often leads to higher home prices for consumers as developers pass on these costs. It places a disproportionate burden on the private sector and contributes to a less stable housing market.
The Forward Party's Solution: We would address this by promoting policies that create a fairer balance between development costs and public benefit. This includes:
Transparency in Costs: Requiring clear, itemized breakdowns of infrastructure costs in all development agreements.
State-Level Financial Assistance: Advocating for the state to provide more direct financial assistance to local governments for infrastructure projects in growing communities, expanding grant programs and low-interest loans from agencies like TxDOT and the TWDB.
Flexible Funding Models: Encouraging diverse funding models beyond Public Improvement Districts (PIDs), such as public-private partnerships (PPPs), to distribute financial risk and responsibility more equitably among developers, local government, and the community.
6. Encouraging Public Engagement
Local zoning and planning decisions have the most direct impact on a resident's daily life, yet the process for public input is often opaque, intimidating, or inconvenient. Town halls and planning commission meetings frequently suffer from low attendance, not because citizens do not care, but because the mechanisms for participation are outdated or designed to minimize feedback. When citizens feel excluded from the shaping of their own communities, it breeds distrust in local government and stalls necessary development.
The Forward Party's Solution is a healthy democracy requires more than just transparency; it requires active invitation. While some Texas municipalities are already implementing versions of these solutions listed below, the Forward Party advocates for standardizing these best practices statewide. We must move from simply "allowing" citizen comments to actively empowering citizens with the knowledge and tools to co-create their neighborhoods.
Educate the Public: We propose the standardized implementation of "Citizen Government Academies"—free, short-term courses run by local recreation departments or city staff. These programs would demystify the planning process, teaching residents the fundamentals of zoning codes, the role of comprehensive plans, and how to effectively advocate for their needs, transforming passive residents into informed stakeholders.
Zoning Board Recourse Offerings and Procedures: The path to challenging a zoning decision or requesting a variance is currently riddled with bureaucratic hurdles and legal jargon that favors developers over residents. We support simplifying these procedures by mandating plain-language guides for the appeals process (often handled by Boards of Adjustment or similar bodies). Furthermore, cities should designate "citizen liaisons" within planning departments to help residents navigate the system without needing to hire expensive legal counsel.
Recall Elections: Accountability is the bedrock of trust. When elected or appointed officials consistently ignore the will of the community or violate the public trust regarding land use, citizens must have a clear and accessible mechanism for recourse. We advocate for standardized, fair recall election procedures at the municipal level to ensure that leaders remain responsive to the people they serve.
