Scenario: Can Two Small-Town Mayors from Different Counties (Non-Major Centers) Create a Joint RPC?

1. The Statute: What Does the Law Actually Say?
   Under Texas Local Government Code §391.003(a):
   “Counties, municipalities, or any combination of counties and municipalities may create a
   commission by entering into an agreement to perform planning duties under this chapter.”
   The legal authority to create an RPC belongs to:

• The county government (commissioners court), or
• The municipal government (city council).
  ➔ The mayors themselves (whether from small towns or major cities) do not have legal
  authority on their own to form an RPC unless their city councils formally approve and
  enter into the agreement.

1. Size of the City or County Does Not Matter:

• The law treats all cities (municipalities) the same, regardless of:
  o Population size,
  o Economic importance, or
  o Whether the city is the “major center” of the county.
  A small city (e.g., population 500) is legally just as empowered to join or help create an
  RPC as a large city—but only through formal action of the city council.

1. What This Means for Two Small-Town Mayors:

Fact Legal Outcome
Both mayors are from small towns in different counties

No problem—they can still initiate discussions
Neither city is the major city of its county Doesn’t matter—any city can participate
The mayors themselves try to create an RPC without council action

Not allowed—must have formal city council authorization

• The size or importance of the town is irrelevant under Chapter 391.
• What matters is that the governmental entity (the municipality itself) consents to
  create or join an RPC through:
  o An ordinance,
  o A resolution, or
  o Other legal formal action (§391.003(a)).

1. Multi-County Participation:

• Since the mayors are from different counties, they can only move forward if:

1. Each city council adopts a resolution or agreement to participate, or
2. The county governments (commissioners courts) agree to participate and create the RPC covering both counties.
3. COG Membership Context:

• The fact that the towns are in the same Council of Governments (COG):
  o Helps facilitate cooperation,
  o But does not substitute for the legal process of RPC creation under
  Chapter 391.

1. Summary Answer :

Question Answer Statutory Citation
Can two small-town mayors from different counties create an RPC together?

Not by themselves. They need their city councils to formally authorize participation.

§391.003(a)-(b)

Does it matter if the towns are small or not the major cities in their counties?

No. Any incorporated city, no matter how small, can participate in an RPC if authorized by its council. §391.003(a)

Does being in the same COG make a difference legally?

No. COGs are separate from the legal creation of an RPC. §391.003(b)

Practical Next Step:

• The mayors can champion the idea, but they will need to:

1. Present it to their respective city councils.
2. Have the councils vote to adopt a resolution or ordinance to create or join an RPC together.

• If desired, they can also involve their county commissioners courts, but that is optional unless the counties themselves want to be members.

If Two Small Towns Form an RPC, How Does That Affect County-Level Decisions (e.g., BESS
Projects)?

1. Legal Authority Over Land Use and Planning Remains with the Local Governments (Counties and Cities).

• A Regional Planning Commission (RPC) under Texas Local Government Code
  Chapter 391 is:
  o A planning and advisory body,
  o A regional forum for cooperation,
  o It does not have regulatory or permitting authority unless explicitly delegated by its member governments.
  Legal Basis:
• §391.004(a):
  “A commission may prepare comprehensive plans for the development of the region…”
• §391.004(b):
  “A plan prepared by a commission is advisory only unless adopted by the governing body of
  a participating governmental unit.”
  So the RPC:
• Can prepare and recommend regional plans, policies, or positions (such as on BESS),
• But cannot enforce those plans unless a city or county adopts them locally.

1. Counties Retain Decision-Making Power Over Unincorporated Areas.

• County Commissioners Courts have:

o Jurisdiction over land use, permitting, subdivision rules, infrastructure, and certain environmental issues in unincorporated areas (outside any city limits).
o They can proceed with BESS projects in these areas even if one or more small towns in the county oppose it, unless: The towns have legal zoning authority within their incorporated
limits, and The BESS project is inside the city boundaries.

3. What Role Does the RPC Play if Small Towns Disagree with County Plans?
   Scenario Legal Power Practical Impact
   The RPC (created by small towns) opposes a BESS project No binding legal authority
   over the county Can issue advisory positions or recommend alternative plans

The County supports the BESS project

Full legal authority in unincorporated areas

Cannot be forced to stop by the RPC unless state law or a court intervenes

The towns control land within their own city limits

Can refuse the BESS project inside their boundaries

Cannot stop the county from approving it elsewhere

Key Legal Boundaries:
Authority Who Controls It
Land use, zoning, permits inside a city The City Council (municipal zoning
authority)
Land use outside city limits (unincorporated county) The County Commissioners Court
Regional advisory planning (non-binding) The RPC (if established)

4. Practical Implications for BESS or Other Controversial Planning:

• Even if small towns form an RPC:
  o They can oppose, comment, review plans (per §391.008—review and comment role),
  o But they cannot legally block county-approved projects outside their jurisdictions.
• Counties may choose to consider the RPC’s position to promote regional harmony, but are not legally required to change course.

4. Summary:
   Question Answer Statutory Basis
   If two small towns form an RPC, does that block the county from proceeding with a BESS project?

No. The RPC is advisory only unless the county voluntarily adopts its plans.

§391.004(b)

Who controls land-use decisions in unincorporated areas?

The County Commissioners Court.

Texas Local Government Code (general county authority)

Can towns control BESS projects inside their own city limits?

Yes, through city zoning and land-use control.

Local Government Code (city authority)

7. How You Might Frame This for Diplomacy:

• The RPC gives small towns a formal voice in regional issues.
• It can help shape policies, public pressure, and coordination—but cannot legally override county decisions in unincorporated land.
• The best approach in a conflict (like BESS) is likely negotiation, shared planning, and finding common ground through the RPC or the COG.