78% of Montgomery County Has No City Government. On Thursday, Commissioners Asked Austin for Power to Write Rules There.

If you live off FM 1774, out past Dobbin, or in one of the subdivisions with a Magnolia mailing address and no city around it, the local government that builds your roads and sets the rules for new subdivisions is Montgomery County. On Thursday, October 8, the county's commissioners court voted unanimously to ask state lawmakers for something it does not have now: limited authority to pass ordinances on land use and development in those areas.

About 78% of the county is unincorporated, according to the meeting agenda.

What the county can and cannot do now

Texas cities can zone. Texas counties cannot. A county can set standards for how a subdivision is platted and built, including streets, drainage and some safety rules, under chapter 232 of the Local Government Code. It cannot decide where a subdivision, a warehouse or an apartment complex may go. Other county ordinances exist only where the Legislature has granted a specific power, one subject at a time.

The resolution asks for more than that. In its own words: "The current pace and scale of growth are outstripping the county's ability to provide and expand infrastructure and public services." It goes to every state representative and senator who represents part of the county, and it asks them to draft legislation giving the county tools to manage growth in unincorporated areas, worked out with the county and other stakeholders.

It does not spell out the powers. There is no bill yet.

What commissioners said

Precinct 4 Commissioner Matt Gray said the aim was not to push developers away. "This is a pro-business friendly county. We're not changing our position on that," he said, according to Community Impact. "Our position is not only to look after our residents and look after the county, but it's to protect your property investments, your property rights and the life you built here."

County Judge Mark Keough: "Our land owners and those who are purchasing land as developers are all stakeholders in what we do here in Montgomery County. It has to work for everybody."

Why the details will matter

The last time the county tried to tighten a development rule, it heard from both directions. In April, staff proposed raising the minimum width of a suburban lot from 40 feet to 50. Builders, real estate agents and a retired teacher who bought her home on a 40-foot lot told the court that would raise prices for first-time buyers. A Magnolia-area broker said some young buyers she knows were already going to Waller County instead. The court kept the 40-foot minimum.

Any new county power would run into the same arithmetic. Residents in fast-growing areas want roads and drainage to keep up. Buyers want homes they can afford. Landowners want to keep the right to sell and build. All three were in the room in April.

What happens next

• The 90th Texas Legislature convenes January 12, 2027. Any bill would be filed and debated there.
• Nothing changes for property owners until a law passes and the county adopts rules under it.
• Commissioners court agendas and video are posted on the county's site, mctx.org.

When there is bill language, we will lay out what it would allow and the strongest case on each side.