391 Commission

Between Smith County and Van Zandt County

Purpose

Citizens have requested Smith County partner with Van Zandt County to form a sub-regional planning commission under Texas Local Government Code Chapter 391. This formal interlocal body would focus on coordinated planning for energy infrastructure (solar farms, wind projects, and battery energy storage systems – BESS), emphasizing public safety, fire risks, agricultural land preservation, property values, and grid reliability.

Why Now?

• Van Zandt County unanimously approved a temporary/indefinite moratorium on February 11, 2026, halting all new green energy projects (7 solar + 9 BESS) due to fire hazards, foreign (including Chinese) components, and pending Texas Attorney General review.
• Both counties are in the East Texas Council of Governments (ETCOG) – a statutory requirement for a 391 commission.
• Smith County faces similar emerging proposals. A joint commission gives both counties a stronger, statutorily protected voice.

What is a Chapter 391 Commission?

A voluntary political subdivision of the State of Texas created by two or more local governments (counties/cities) in the same COG. It enables:

• Joint studies, plans, and policies on issues affecting health, safety, and welfare.
• Required coordination by state agencies (PUC, TCEQ, TxDOT, etc.) “to the greatest extent feasible” (§391.009(c)).
• No new taxes, zoning, or veto power – purely a planning and coordination tool used successfully in other Texas counties for BESS, power lines, and infrastructure.

Key Benefits for Smith County

• Unified regional position on renewable energy siting, fire code enforcement, decommissioning bonds, and agricultural impacts.
• Formal platform to request state agency meetings and influence permitting processes.
• Low cost (uses existing staff; optional dues/grants).
• Complies with Texas Open Meetings Act; at least 2/3 of members must be elected officials.

Contact for Assistance

American Stewards of Liberty – Dan or Margaret Byfield – asl@americanstewards.us – 512-591-7843

Chapter 391 Statute Summary

Texas Local Government Code – Regional Planning Commissions

Overview

Chapter 391 of the Texas Local Government Code authorizes local governments (counties, cities, and other political subdivisions) to voluntarily create regional or sub-regional planning commissions. These commissions help neighboring communities work together on shared planning issues.

Purpose (Sec. 391.001)

The law encourages local governments to:

• Join together to improve the health, safety, and general welfare of residents.
• Plan for future growth so that communities have adequate facilities, recognize agricultural needs, preserve historical and cultural values, and use public funds efficiently.
• Make studies and plans for the unified development of a region.

Membership and Governance

• Voting Members: Appointed by the participating counties and cities through resolutions.
• Key Requirement: At least two-thirds (2/3) of the voting members of the commission must be elected officials (County Judges, Commissioners, Mayors, etc.). This ensures elected local officials maintain control.
• Non-Voting Participants: The commission may appoint citizen advisors (such as farmers, well owners, landowners, the Fire Marshal, or other local experts) who can fully participate in discussions and provide recommendations but do not vote.
• Ex-Officio Members: A member of the Texas Legislature whose district includes part of the sub-region may serve as a non-voting ex-officio member.
• The exact size and structure are flexible and decided in the commission’s bylaws.

Key Definitions & Scope (Sec. 391.002)

A “region” includes areas with common problems of water supply, drainage, land use, transportation, or other issues. Commissions are specifically authorized to address matters related to agriculture, water resources, and natural resource protection. 

Powers and Duties (Sec. 391.004)

A commission may:

• Conduct studies and make recommendations on land use, water supply, sanitation, drainage, public utilities, and other topics affecting health, safety, and welfare.
• Assist participating governments in protecting agricultural lands, property rights, and natural resources through coordinated planning and recommendations.

Important Features

• Protects local interests: By enabling joint studies and recommendations, the commission provides a stronger platform to address impacts on private property rights, farmland preservation, aquifer sustainability, and natural resources when large-scale projects are proposed.
• State agency coordination (Sec. 391.009(c)): State agencies must coordinate their planning and programs with the commission “to the greatest extent feasible.”
• No new taxing authority or direct regulatory power (such as zoning or bans).
• Public transparency: Subject to the Texas Open Meetings Act and Public Information Act.

Full Statute

View the complete text

This summary is provided for informational purposes only. The Smith County Assistant District Attorney’s Office can provide additional legal details or interpretation as needed.