Bill Text: TX SB558 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to parkland dedication for multifamily, hotel, and motel property development by certain municipalities; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-11 - Committee report printed and distributed [SB558 Detail]
Download: Texas-2023-SB558-Introduced.html
Bill Title: Relating to parkland dedication for multifamily, hotel, and motel property development by certain municipalities; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-11 - Committee report printed and distributed [SB558 Detail]
Download: Texas-2023-SB558-Introduced.html
88R6854 SCL-D | ||
By: Hughes | S.B. No. 558 |
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relating to parkland dedication for property development by certain | ||
municipalities; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 212, Local Government Code, is amended | ||
by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. PARKLAND DEDICATION: MUNICIPALITIES WITH POPULATION | ||
OF MORE THAN 800,000 | ||
Sec. 212.201. DEFINITIONS. In this subchapter: | ||
(1) "Consumer price index" means the Consumer Price | ||
Index for All Urban Consumers (CPI-U), U.S. City Average, published | ||
by the Bureau of Labor Statistics of the United States Department of | ||
Labor or its successor in function. | ||
(2) "Improvement" and "market value" have the meanings | ||
assigned by Section 1.04, Tax Code. | ||
(3) "Land value" means the market value of land per | ||
acre, not including an improvement to the land. | ||
(4) "Parkland" means an area that is designated as a | ||
park for the purpose of recreational activity. | ||
(5) "Parkland dedication" means the fee simple | ||
transfer of land or the dedication of an easement to a municipality | ||
for nonexclusive use as parkland. | ||
(6) "Plan" means a subdivision development plan, | ||
subdivision plan, site plan, land development plan, and site | ||
development plan proposing the development of residential units. | ||
Sec. 212.202. APPLICABILITY. This subchapter applies only | ||
to a municipality with a population of more than 800,000. | ||
Sec. 212.203. EXCLUSIVE AUTHORITY. Notwithstanding any | ||
other law, a municipality has exclusive authority within its | ||
boundaries to require the dedication of parkland or a parkland | ||
dedication fee instead of the dedication. A municipality may not | ||
delegate that authority to another political subdivision. | ||
Sec. 212.204. PARKLAND DEDICATION, FEE, OR COMBINATION. A | ||
municipality that requires a landowner to dedicate a portion of the | ||
landowner's property for parkland use under a plan application | ||
filed under this subchapter shall require the landowner to: | ||
(1) pay a fee set in accordance with Section | ||
212.208(h); or | ||
(2) dedicate a portion up to the maximum size | ||
authorized under Section 212.207 for the portion and pay a reduced | ||
fee set in accordance with Section 212.208(i) if the dedication is | ||
less than the maximum size. | ||
Sec. 212.205. REQUEST FOR PARKLAND DEDICATION | ||
DETERMINATION. (a) A landowner may make a written request to a | ||
municipality that the municipality make a timely determination of | ||
the dedication amount the municipality will impose under the | ||
municipality's parkland dedication requirements as applied to the | ||
landowner's property being considered for development. | ||
(b) A municipality may make a reasonable written request to | ||
the landowner for additional information necessary to provide a | ||
determination under this section. | ||
(c) A municipality shall respond in writing to a request | ||
made under Subsection (a) not later than the 30th day after the date | ||
the municipality receives a completed request. If the municipality | ||
fails to respond in accordance with this subsection, the | ||
municipality may not require a parkland dedication as a condition | ||
of approval of a proposed plan or application for property that is | ||
the subject of the request. | ||
(d) A parkland dedication determination issued under this | ||
section: | ||
(1) is a legally binding determination of the amount | ||
of the landowner's parkland dedication for the property that is the | ||
subject of the determination; and | ||
(2) is applicable to the property that is the subject | ||
of the determination for a period that is the lesser of: | ||
(A) two years; or | ||
(B) the time between the date the determination | ||
is issued and the date a plan application is filed that uses or | ||
relies on the determination. | ||
(e) A landowner may release in writing a municipality from | ||
the requirements of this section. | ||
Sec. 212.206. PARKLAND DEDICATION AUTHORITY LIMITED TO | ||
RESIDENTIAL USE. (a) A municipality may not require a parkland | ||
dedication or impose a parkland dedication fee instead of a | ||
parkland dedication for land that is not proposed for residential | ||
use under a plan application. | ||
(b) If a plan application submitted to a municipality | ||
proposes development of the land subject to the application that | ||
includes both residential and nonresidential uses, the | ||
municipality shall determine the amount of a parkland dedication | ||
based only on the portion of the land proposed for residential use. | ||
Sec. 212.207. LIMITATION ON PARKLAND DEDICATION AMOUNT. A | ||
municipality may not require a landowner to dedicate as parkland | ||
under this subchapter more than 10 percent, without adjustment or | ||
disqualification for impairment, of the gross site area of the land | ||
subject to a plan application. | ||
Sec. 212.208. DETERMINATION OF FEES. (a) For purposes of | ||
determining the amount of a fee imposed under this section, the | ||
governing body of a municipality, after providing at least 30 days' | ||
public notice and holding a public hearing, shall by official | ||
action designate all territory within its municipal boundaries as a | ||
suburban area, urban area, or central business district area. The | ||
governing body may use the same designation for multiple areas in | ||
the municipality. The governing body may amend a designation only | ||
during the adoption or amendment of a municipal comprehensive plan | ||
under Chapter 213. | ||
(b) Not later than the 10th day after the date the | ||
municipality designates its territory under Subsection (a), the | ||
municipality shall notify each appraisal district in which the | ||
municipality is wholly or partly located of the designation. | ||
(c) Once every 10 years, each appraisal district in which | ||
the municipality is wholly or partly located shall calculate and | ||
provide to the municipality the average land value for each area or | ||
portion of an area designated by the municipality under Subsection | ||
(a) that is located in the district. | ||
(d) If multiple appraisal districts calculate an average | ||
land value for different portions of an area designated under | ||
Subsection (a), the municipality shall determine the area's total | ||
average land value by: | ||
(1) multiplying each district's calculated value for | ||
the portion located in the district by the percentage, expressed as | ||
a fraction, that the portion is to the total area; and | ||
(2) adding the resulting amounts. | ||
(e) In each year other than the year in which an appraisal | ||
district calculates average land values under Subsection (c), a | ||
municipality shall calculate the average land value for each area | ||
designated under Subsection (a) by multiplying the previous year's | ||
average land value for the area by the final consumer price index of | ||
the previous year. | ||
(f) A municipality shall set the municipality's dwelling | ||
unit factor, which reflects the number of parkland acres for each | ||
dwelling unit proposed by a plan application. The factor may not be | ||
more than: | ||
(1) .01 for single-family dwelling units; | ||
(2) .005 for multi-family dwelling units; and | ||
(3) .004 for hotel or motel dwelling units. | ||
(g) A municipality shall set the municipality's density | ||
factor for each area designated by the municipality under | ||
Subsection (a). The density factor may not be less than: | ||
(1) one for the suburban area; | ||
(2) four for the urban area; and | ||
(3) 40 for the central business district area. | ||
(h) A municipality shall determine the amount of a fee | ||
imposed under Section 212.204(1) for land subject to a plan | ||
application by: | ||
(1) adding, as appropriate: | ||
(A) the product of the number of single-family | ||
dwelling units proposed by the plan by the dwelling unit factor | ||
prescribed by Subsection (f)(1); | ||
(B) the product of the number of multi-family | ||
dwelling units proposed by the plan by the dwelling unit factor | ||
prescribed by Subsection (f)(2); and | ||
(C) the product of the number of hotel and motel | ||
dwelling units proposed by the plan by the dwelling unit factor | ||
prescribed by Subsection (f)(3); | ||
(2) multiplying the sum calculated under Subdivision | ||
(1) by the average land value for the area in which the land is | ||
located; and | ||
(3) dividing the product calculated under Subdivision | ||
(2) by the applicable density factor. | ||
(i) A municipality shall determine the amount of a fee | ||
imposed under Section 212.204(2) for land subject to a plan | ||
application by: | ||
(1) calculating the amount of the fee for the land | ||
under Subsection (h); and | ||
(2) subtracting from the amount calculated under | ||
Subdivision (1) the product of the land value applicable to the land | ||
and the number of acres dedicated. | ||
(j) If a calculation made under Subsection (i) results in a | ||
negative number, the applicable landowner is entitled to receive | ||
from the applicable municipality the amount equal to the positive | ||
difference between the calculated amount and zero. The | ||
municipality shall pay that amount to the landowner at the time of | ||
transfer of fee simple title or the recording of the easement. | ||
Sec. 212.209. COLLECTION OF FEES. A municipality shall | ||
provide a landowner a written determination of fees owed under this | ||
subchapter before approving a plan application but may only collect | ||
a fee authorized under this subchapter as a precondition to the | ||
issuance of a final certificate of occupancy. | ||
Sec. 212.210. FEE USE. A municipality may use a fee | ||
collected under this subchapter only for parkland acquisition, | ||
development, maintenance, or repair or other park purposes: | ||
(1) within its municipal boundaries; or | ||
(2) outside its municipal boundaries when partnering | ||
with one or more other political subdivisions. | ||
Sec. 212.211. APPEAL. (a) A landowner may appeal a | ||
determination made by a municipal department, board, or commission | ||
regarding any element of a parkland dedication requirement, | ||
including amount, orientation, or suitability, as that element | ||
applies to the landowner's property, to the municipal planning | ||
commission or, if the municipality has no planning commission, the | ||
governing body of the municipality. | ||
(b) A landowner may appeal a municipal planning | ||
commission's determination under Subsection (a) to the governing | ||
body of the municipality. | ||
(c) In an appeal under this section, a municipal planning | ||
commission or governing body of a municipality may uphold, reverse, | ||
or modify a parkland dedication requirement as applied to the | ||
landowner making the appeal. | ||
(d) A municipal planning commission or governing body of a | ||
municipality shall uphold, reverse, or modify a parkland dedication | ||
requirement that is the subject of an appeal not later than the 60th | ||
day after the date the appeal is filed with the commission or | ||
governing body. If the commission or governing body fails to act in | ||
accordance with this subsection, the parkland dedication | ||
requirement is considered reversed. | ||
SECTION 2. (a) Not later than December 1, 2023, each | ||
municipality to which Subchapter H, Chapter 212, Local Government | ||
Code, as added by this Act, applies shall: | ||
(1) effective January 1, 2024: | ||
(A) designate the areas of the municipality as | ||
required by Section 212.208(a), Local Government Code, as added by | ||
this Act; and | ||
(B) set the municipality's dwelling unit and | ||
density factors, as required by Sections 212.208(f) and (g), Local | ||
Government Code, as added by this Act; and | ||
(2) provide to each appraisal district in which the | ||
municipality is wholly or partly located the location of each area | ||
designated under Subdivision (1)(A) of this subsection in a manner | ||
sufficient to allow the appraisal district to make the calculations | ||
required by Subsection (b) of this section. | ||
(b) Not later than January 1, 2024, each appraisal district | ||
that appraises property located in a municipality described by | ||
Subsection (a) of this section shall calculate and provide to the | ||
municipality the average land values as required by Section | ||
212.208(c), Local Government Code, as added by this Act. | ||
SECTION 3. Subchapter H, Chapter 212, Local Government | ||
Code, as added by this Act, applies only to a plan application filed | ||
on or after January 1, 2024. | ||
SECTION 4. 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, 2023. |