TL;DR (Executive Summary)
Claims that Leon County “doesn’t have the authority” to enforce fire safety standards are misleading.
Even if a county does not adopt a formal local fire code, Texas law still allows counties to inspect industrial facilities, identify fire and life-safety hazards, require mitigation using state-adopted standards, and contract enforcement to qualified entities.
Choosing not to use those tools is a policy decision, not a legal limitation.
Not Having Enforceable Fire Safety Standards Is a Choice — Not a Legal Limitation
A common claim made when discussing data centers and large battery energy storage facilities is that Leon County “doesn’t have the authority” to enforce fire safety standards.
That framing is misleading.
While Texas law limits counties in some areas — especially zoning — it does not leave them powerless when it comes to fire and life-safety risks. The absence of enforceable fire safety standards in Leon County reflects policy decisions, not an unavoidable legal prohibition.
The Statute Most Often Cited — and Often Misunderstood
The statute most frequently cited is Texas Local Government Code §233.061:
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.233.htm#233.061
This statute is often summarized as “counties can’t adopt fire codes.” That summary is incomplete.
§233.061 primarily addresses when a county may adopt a formal fire code as a county regulation, and how enforcement of such a code may be administered. It does not say that counties must ignore fire risks if they have not adopted a local fire code.
Adoption, Inspection, and Enforcement Are Not the Same Thing
Much of the confusion comes from treating three separate concepts as one:
- Adopting a formal county fire code
- Inspecting for fire and life-safety hazards
- Administering or enforcing corrective action
Texas law treats these as distinct authorities, governed by different provisions.
Inspection Authority Exists Even Without a Local Fire Code
Even if a county argues it does not meet the criteria to adopt a formal fire code under §233.061(a), that does not eliminate its ability to address fire risks.
Texas Local Government Code §352.016 provides that authority:
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.352.htm#352.016
Under §352.016, a county fire marshal may:
- Inspect property in unincorporated areas
- Identify fire and life-safety hazards
- Require corrective or mitigating action
- Conduct inspections using nationally recognized codes or standards adopted by the State of Texas
This authority:
- Is not tied to county population
- Does not require adoption of a local fire code
Counties are not inventing rules — they are applying safety standards already adopted by the state.
Enforcement Does Not Have to Be Done In-House
Another common argument is that counties lack the staff or expertise to enforce fire safety requirements.
Texas law directly addresses this.
Under §233.061(b), counties may contract with municipalities or other entities for the administration and enforcement of fire safety responsibilities:
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.233.htm#233.061
Lack of internal capacity is not a legal barrier.
Why Brazos County Is Relevant to the Discussion
Brazos County matters for two factual reasons:
- Leon County borders Brazos County
- Brazos County’s population may meet or exceed the 250,000 threshold referenced in §233.061(a)
Brazos County publicly describes itself as having a population of approximately 250,000+, and staff in the Brazos County Judge’s Office have estimated the population at approximately 252,000:
https://www.brazoscountytx.gov/650/Economic-Development
At the same time, the 2024 U.S. Census QuickFacts estimate Brazos County’s population at 249,624, just under the threshold:
https://www.census.gov/quickfacts/fact/table/brazoscountytexas/PST045224
Population thresholds are not static numbers frozen in time. Reasonable population estimates are commonly used when evaluating whether statutory criteria are met.
This discussion does not assume what Brazos County does or does not enforce. It simply explains why population and adjacency matter under the structure of §233.061.
What This Means in Practice
Taken together, Texas law makes several things clear:
- Population thresholds affect formal fire code adoption, not fire safety responsibility
- Counties retain authority to inspect and require mitigation using state-adopted standards
- Enforcement and administration may be contracted out
Texas law does not require counties to ignore known fire risks.
Why This Matters for Leon County
Leon County relies entirely on volunteer fire departments, has limited water availability, and is considering industrial facilities with non-traditional fire behavior, including proposed sites near homes and schools.
These are operational realities — not theoretical concerns.
Authority vs. Choice
Texas law imposes limits, but it does not mandate inaction.
Even under a conservative legal reading:
- Inspection authority exists
- Hazard mitigation authority exists
- Contracted enforcement authority exists
Choosing not to use these tools is a policy decision, not a legal one.
The Core Point
Texas law does not require Leon County to accept elevated fire risk without safeguards.
Accepting that risk is a choice.