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A BILL TO BE ENTITLED
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AN ACT
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relating to a study by the Texas Department of Transportation on the |
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use of municipal impact fees for roadway facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 395, Local Government |
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Code, is amended by adding Section 395.0115 to read as follows: |
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Sec. 395.0115. STUDY OF MUNICIPAL IMPACT FEES TO PAY FOR |
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ROADWAY FACILITIES. (a) The Texas Department of Transportation |
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shall conduct a study to determine the feasibility of using |
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municipal impact fees to pay for roadway facilities that are |
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necessary due to municipal development. |
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(b) In conducting the study, the Texas Department of |
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Transportation must consider: |
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(1) the roadway facility needs of municipalities; |
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(2) the amount of debt incurred by municipalities for |
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roadway facilities; |
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(3) the practicability of adopting impact fees for |
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roadway facilities in a municipality's roadway plan, considering |
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costs associated with fee imposition and collection; |
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(4) the potential and known effects of the imposition |
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and collection of impact fees on local transportation needs; |
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(5) the potential and known effects of the imposition |
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and collection of impact fees on the municipality's debt; and |
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(6) the practicability and potential effects of |
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remitting five percent of a municipality's impact fees to the |
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department for the construction and maintenance of state highways |
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attributable to development in the municipality. |
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(c) From the results of the study the Texas Department of |
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Transportation shall determine: |
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(1) the population threshold of a municipality for |
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which the imposition and collection of impact fees for roadway |
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facilities in the municipality's roadway plan is administratively |
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feasible; |
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(2) viable alternatives to municipal impact fees in |
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municipalities where the imposition and collection of impact fees |
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is not administratively feasible; and |
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(3) to what extent, if any, the adoption of impact fees |
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would alleviate the debt burden of municipalities. |
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(d) The Texas Department of Transportation shall provide |
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the results of the study and the determinations under Subsection |
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(c) to the members of the legislature not later than September 1, |
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2024. |
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(e) This section expires September 1, 2025. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |