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An opportunity to plan
By Newt Cunningham, Fannin County Judge
Mar 25, 2025
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In 1987, the Texas Legislature enacted Chapter 391 of the Texas Local Government Code. The expressed intention of this law was to encourage and permit local governments to join together and cooperate to improve the health, safety and general welfare of their residents and to plan for future development of their communities, areas and regions.

The law provides for the creation by local governments of what has come to be known as 391 Commissions. Subject to local government oversight and approval, these Commissions are afforded a wide range of options regarding their membership, staffing, expenditures and involvement. To date few local governments have taken advantage of this opportunity: the opportunity to plan, the opportunity to identify and address threats to residents' health, safety and general welfare. The underlying question is why?

Perhaps this delay is a result of the law, on its face, being complicated and seemingly all encompassing. Under the law, a 391 Commission is purposed with making studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development of a region. It can if authorized, participate in implementing plans. Other factors may be at play.

Local governments may not like having their actions questioned or taking on responsibilities beyond their boundaries. Taxpayers are opposed to unnecessary expenditures. Most citizens are opposed to big government. Many do not want to see competition weakened.

As outlined in the law, a 391 Commission’s planning can be focused on: (1) improving the transportation systems; (2) providing adequate, street, utility, health, educational, recreational, and other essential facilities; (3) recognizing the needs of agriculture, business and industry; (4) providing healthful surrounding for family life in residential areas; (5) preserving historical and cultural values, and; (6) assuring the efficient and economical use of public funds commensurate with growth.

Keeping it simple (KISS), the purpose of a 391 Commission is to identify specific problems and suggest solutions. Obviously and most importantly, those include
potential threats to the health, safety and general welfare of local residents. These functions can be carried out by designated volunteers at little or no expense to the taxpayers. Those suggestions do not have to be implemented. Priorities can be set. 391 Commissions are formed by agreements between local government, including counties, municipalities, and districts within the same Council of Governments (COGs).

As our local population increases and new industries flood into the region the need for planning becomes more apparent. Local governments in our region need to form one or more 391 Commission(s). We need to plan jointly in order to avoid a shared disaster. It’s time for local residents to express their views on the subject. You have a right to be safe in your homes.