Bill Text: TX HB3834 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to municipal infrastructure costs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Land & Resource Management [HB3834 Detail]
Download: Texas-2017-HB3834-Introduced.html
| By: Workman | H.B. No. 3834 | |
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| relating to municipal infrastructure costs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 212.904, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 212.904. APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE | ||
| COSTS. (a) Subject to Local Government Code, Section 212.904, | ||
| subparagraphs (a)1-4, [ |
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| condition of approval for a property development project that the | ||
| developer bear a portion of the costs of municipal 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 [ |
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| development as approved by a professional engineer who holds a | ||
| license issued under Chapter 1001, Occupations Code, and is | ||
| retained by the municipality. | ||
| (1) The determination of the proportionate share of | ||
| municipal infrastructure improvements costs shall be determined by | ||
| the engineer retained by the municipality based on the actual, | ||
| documented and verifiable impact of the development on the existing | ||
| infrastructure in the immediate area of the development. Any fees | ||
| or costs paid for infrastructure improvements by the developer | ||
| shall be used only for the purpose collected and the work shall | ||
| commence and shall be substantially underway not later than the | ||
| 23rd month following the payment of such fees. | ||
| (2) Fees collected under this section shall be for new | ||
| capital improvements only and shall not be used for recurring | ||
| expenses or maintenance. | ||
| (3) Fees collected under this section shall not be to | ||
| supplement or supplant funding of existing capital infrastructure | ||
| improvement projects which have funding identified through | ||
| municipal budgets, bond measures, or any other source. | ||
| (4) Nothing in this section prohibits the developer | ||
| from making the improvements on behalf of the municipality if the | ||
| developer and the municipality agree. | ||
| (5) The amount calculated in Sec. 212.904 (a)(1) shall | ||
| be offset by the increase in the taxes the municipality will receive | ||
| as a result of the increased assessed valuation on the property | ||
| after development and the estimated amount of the increase in the | ||
| municipalities sales taxes attributed to the development. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
