By Brimer                                             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)  Notwithstanding any other provision of any general or
    1-9  special law or charter to the contrary, the income of a water
   1-10  system or sewer system or of a combined water and sewer system
   1-11  shall include impact fees used or to be used for the payment of
   1-12  principal and interest on bonds, notes, or other obligations
   1-13  heretofore or hereafter issued by a municipality to provide capital
   1-14  improvements, except roadway facilities.  A municipality is
   1-15  authorized to pledge any such impact fees as security for the
   1-16  payment of debt service on any bonds, notes, or other obligations
   1-17  heretofore or hereafter issued to finance, in whole or in part, the
   1-18  capital improvements or facility expansions identified in the
   1-19  capital improvements plan, provided that at the time such a pledge
   1-20  is established the governing body of the municipality certifies in
   1-21  the order, ordinance, or resolution establishing such pledge that
   1-22  none of the impact fees so pledged shall be expended for facilities
   1-23  that are not identified in the capital improvements plan.  Any such
    2-1  certification made by a governing body shall be wholly sufficient
    2-2  evidence that none of the impact fees so pledged have been or will
    2-3  be expended for facilities that are not identified in the capital
    2-4  improvements plan.
    2-5        SECTION 2.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.