Bill Text: TX HB2839 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the apportionment of infrastructure costs in regard to certain property development projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-16 - Left pending in committee [HB2839 Detail]
Download: Texas-2019-HB2839-Introduced.html
By: Muñoz, Jr. | H.B. No. 2839 |
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relating to the apportionment of infrastructure costs in regard to | ||
certain property development projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.012 to read as follows: | ||
Sec. 232.012. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a) | ||
If a county requires as a condition of approval for a property | ||
development project that the developer bear a portion of the costs | ||
of infrastructure improvements by the making of dedications, the | ||
payment of fees, or the payment of construction costs, the | ||
developer's portion of the costs may not exceed the amount required | ||
for infrastructure improvements that are roughly proportionate to | ||
the proposed development as approved by a professional engineer who | ||
holds a license issued under Chapter 1001, Occupations Code, and is | ||
retained by the county. | ||
(b) A developer who disputes the determination made under | ||
Subsection (a) may appeal to the commissioners court of the county. | ||
At the appeal, the developer may present evidence and testimony | ||
under procedures adopted by the commissioners court of the county. | ||
After hearing any testimony and reviewing the evidence, the | ||
commissioners court of the county shall make the applicable | ||
determination within 30 days following the final submission of any | ||
testimony or evidence by the developer. | ||
(c) A developer may appeal the determination of the | ||
commissioners court of the county to a county or district court of | ||
the county in which the development project is located within 30 | ||
days of the final determination by the governing body. | ||
(d) A county may not require a developer to waive the right | ||
of appeal authorized by this section as a condition of approval for | ||
a development project. | ||
(e) A developer who prevails in an appeal under this section | ||
is entitled to applicable costs and to reasonable attorney's fees, | ||
including expert witness fees. | ||
(f) This section does not diminish the authority or modify | ||
the procedures specified by Chapter 395. | ||
SECTION 2. Chapter 242, Local Government Code, is amended | ||
by adding Section 242.004 to read as follows: | ||
Sec. 242.004. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a) | ||
If a municipality or a county, under a regulating agreement adopted | ||
under this Chapter, requires as a condition of approval for a | ||
property development project that the developer bear a portion of | ||
the costs of infrastructure improvements by the making of | ||
dedications, the payment of fees, or the payment of construction | ||
costs, the developer's portion of the costs may not exceed | ||
the | ||
amount required for infrastructure improvements that are roughly | ||
proportionate to the proposed development as approved by a | ||
professional engineer who holds a license issued under Chapter | ||
1001, Occupations Code, and is retained by the municipality or the | ||
county. | ||
(b) A developer who disputes the determination made under | ||
Subsection (a) may appeal to the governing body of a municipality or | ||
the commissioners court of the county. At the appeal, the developer | ||
may present evidence and testimony under procedures adopted by the | ||
governing body of a municipality or the commissioners court of the | ||
county. After hearing any testimony and reviewing the evidence, | ||
the governing body of a municipality or the commissioners court of | ||
the county shall make the applicable determination within 30 days | ||
following the final submission of any testimony or evidence by the | ||
developer. | ||
(c) A developer may appeal the determination of the | ||
governing body of a municipality or the commissioners court of the | ||
county to a county or district court of the county in which the | ||
development project is located within 30 days of the final | ||
determination by the governing body. | ||
(d) A municipality or a county may not require a developer | ||
to waive the right of appeal authorized by this section as a | ||
condition of approval for a development project. | ||
(e) A developer who prevails in an appeal under this section | ||
is entitled to applicable costs and to reasonable attorney's fees, | ||
including expert witness fees. | ||
(f) This section does not diminish the authority or modify | ||
the procedures specified by Chapter 395. | ||
SECTION 3. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.009 to read as follows: | ||
Sec. 250.009. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a) | ||
If a municipality or a county requires as a condition of approval | ||
for a property development project that the developer bear a | ||
portion of the costs of infrastructure improvements by the making | ||
of dedications, the payment of fees, or the payment of construction | ||
costs, the developer's portion of the costs may not exceed the | ||
amount required for infrastructure improvements that are roughly | ||
proportionate to the proposed development as approved by a | ||
professional engineer who holds a license issued under Chapter | ||
1001, Occupations Code, and is retained by the municipality or the | ||
county. | ||
(b) A developer who disputes the determination made under | ||
Subsection (a) may appeal to the governing body of a municipality or | ||
the commissioners court of the county. At the appeal, the developer | ||
may present evidence and testimony under procedures adopted by the | ||
governing body of a municipality or the commissioners court of the | ||
county. After hearing any testimony and reviewing the evidence, | ||
the governing body of a municipality or the commissioners court of | ||
the county shall make the applicable determination within 30 days | ||
following the final submission of any testimony or evidence by the | ||
developer. | ||
(c) A developer may appeal the determination of the | ||
governing body of a municipality or the commissioners court of the | ||
county to a county or district court of the county in which the | ||
development project is located within 30 days of the final | ||
determination by the governing body. | ||
(d) A municipality or a county may not require a developer | ||
to waive the right of appeal authorized by this section as a | ||
condition of approval for a development project. | ||
(e) A developer who prevails in an appeal under this section | ||
is entitled to applicable costs and to reasonable attorney's fees, | ||
including expert witness fees. | ||
(f) This section does not diminish the authority or modify | ||
the procedures specified by Chapter 395. | ||
SECTION 4. Subchapter C, Chapter 161, Utilities Code, is | ||
amended by adding Section 161.126 to read as follows: | ||
Sec. 161.126. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a) | ||
If an electric cooperative requires as a condition of approval for a | ||
property development project that the developer bear a portion of | ||
the costs of infrastructure improvements by the making of | ||
dedications, the payment of fees, or the payment of construction | ||
costs, the developer's portion of the costs may not exceed the | ||
amount required for infrastructure improvements that are roughly | ||
proportionate to the proposed development as approved by a | ||
professional engineer who holds a license issued under Chapter | ||
1001, Occupations Code, and is retained by the electric | ||
cooperative. | ||
(b) A developer who disputes the determination made under | ||
Subsection (a) may appeal to the board. At the appeal, the | ||
developer may present evidence and testimony under procedures | ||
adopted by the board. After hearing any testimony and reviewing the | ||
evidence, the board shall make the applicable determination within | ||
30 days following the final submission of any testimony or evidence | ||
by the developer. | ||
(c) A developer may appeal the determination of the board to | ||
a county or district court of the county in which the development | ||
project is located within 30 days of the final determination by the | ||
governing body. | ||
(d) An electric cooperative may not require a developer to | ||
waive the right of appeal authorized by this section as a condition | ||
of approval for a development project. | ||
(e) A developer who prevails in an appeal under this section | ||
is entitled to applicable costs and to reasonable attorney's fees, | ||
including expert witness fees. | ||
SECTION 5. The change in law made by this Act applies to the | ||
approval of a development project that is not finally adjudicated | ||
before the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2019. |