1. Legal Authority and Purpose
The legal authority to form a Regional Planning Commission (RPC) is established in Chapter 391 of the Texas Local Government Code. The purpose of the chapter is to encourage and permit local governmental units—such as counties and municipalities—to join together to improve health, safety, welfare, and coordinated development across a region (§391.001(a)).
The specific aims include:
- Improved transportation planning;
- Provision of essential facilities and services;
- Consideration for agriculture, business, and industry;
- Preservation of residential quality of life and cultural values;
- Efficient and economical public fund utilization (§391.001(a)(2)).
The general purpose of a commission is to make regional development plans, eliminate duplication of effort, and promote coordinated, efficient growth (§391.001(b)).
2. Definition of Key Terms (Citations: §391.002)
- Governmental Unit: Includes any county, municipality, authority, district, or other political subdivision.
- Commission: A regional planning commission (RPC), also referred to as a council of governments (COG).
- Region: Defined geographically by shared challenges or development patterns across one or more counties (§391.002).
3. Initiating the Formation Process (Citations: §391.003)
a. Participants
- Counties, municipalities, or any combination thereof can initiate the creation of a commission (§391.003(a)).
b. Formal Agreement
- The participating units must formalize their intent to establish the commission through:
- Ordinance
- Resolution
- Rule
- Order
- Any other official legal means (§391.003(a)).
c. Designation of the Region
- The agreement must designate a geographic region:
- It must consist of territory under the jurisdiction of the creating governments (including their extraterritorial jurisdictions).
- It must align with state planning regions delineated by the Governor of Texas, which are reviewed every two years (§391.003(b)).
d. Nature of the Commission
- Once formed, the commission is considered a political subdivision of the State of Texas (§391.003(c)).
4. Organizational Flexibility (Citation: §391.003(d)-(e))
The statute intentionally allows for maximum flexibility in how the participating governments organize the commission, to suit the unique regional challenges they face.
- The agreement may provide for shared powers, duties, and planning responsibilities across the participating entities (§391.003(e)).
5. Governance Structure (Citations: §391.006)
a. Governing Body Composition
- The participating governments decide by agreement:
- The number of members on the governing body;
- The qualifications for those members (§391.006(a)).
- At least two-thirds of the governing body must be elected officials of the participating counties or municipalities (§391.006(b)).
b. Legislative Participation
- For commissions covering an entire state planning region, the governing body must offer nonvoting membership to state legislators representing any portion of the region (§391.006(c)).
6. Operational and Planning Functions (Citations: §391.004, §391.005)
a. Planning Powers
- The commission may prepare plans for:
- Transportation;
- Utilities;
- Land use;
- Environmental and public facilities;
- Economic development (§391.004(a)).
b. Adoption by Local Governments
- Local governments may choose to adopt all or part of the commission’s plans (§391.004(b)).
c. Contracting Powers
- The commission may contract with participating units to perform services, provided:
- The service is one that could legally be contracted to a private entity.
- No cost is imposed on non-participating governments (§391.005(a)).
d. Asset and Staffing Powers
- The commission may:
- Acquire, hold, and dispose of property;
- Employ staff and consultants;
- Offer retirement plans (§391.005(b)).
7. Review and Comment Role (Citation: §391.008)
- Local governments applying for state or federal grants must submit applications to the commission for review and comment prior to filing with the relevant agencies (§391.008(a)).
- The commission ensures projects align with regional plans and advises on their regionwide significance (§391.008(d)).
8. Oversight and Accountability (Citations: §391.009, §391.0095, §391.011)
- The Governor (with the State Auditor) may establish rules for:
- Operation and oversight;
- Annual reporting;
- Financial audits;
- Performance standards (§391.009).
- The commission must undergo annual audits and comply with detailed financial reporting requirements (§391.0095).
- Commissions cannot levy taxes but may receive appropriations and apply for grants (§391.011(a)-(c)).
9. Joining and Withdrawing (Citations: §391.015, §391.016)
- Any governmental unit may withdraw from the commission by majority vote, unless otherwise agreed (§391.015).
- A former member may join another commission if approved by the:
- Unit itself;
- Receiving commission; and
- Governor of Texas (§391.016).
10. Special Provisions for Border Regions (Citations: §391.013, §391.014)
- Commissions on interstate borders can form interstate commissions with adjacent states (§391.013).
- Commissions bordering Mexico may engage in binational planning with Mexican agencies (§391.014).