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