By Brimer H.B. No. 2388
Substitute the following for H.B. No. 2388:
By Carona C.S.H.B. No. 2388
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of municipalities to secure obligations
1-3 with the revenues from impact fees and permitting municipalities to
1-4 pledge impact fees as security for obligations.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 395.012, Local Government Code, is
1-7 amended by adding Subsection (d) to read as follows:
1-8 (d) A municipality is authorized to pledge any such impact
1-9 fees as security for the payment of debt service on any bonds,
1-10 notes, or other obligations heretofore or hereafter issued to
1-11 finance, in whole or in part, the capital improvements or facility
1-12 expansions identified in the capital improvements plan, provided
1-13 that at the time such a pledge is established the governing body of
1-14 the municipality certifies in the order, ordinance, or resolution
1-15 establishing such pledge that none of the impact fees so pledged
1-16 shall be expended for facilities that are not identified in the
1-17 capital improvements plan. Any such certification made by a
1-18 governing body shall be wholly sufficient evidence that none of the
1-19 impact fees so pledged have been or will be expended for facilities
1-20 that are not identified in the capital improvements plan.
1-21 SECTION 2. This Act takes effect September 1, 1995.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.