By: Nelson S.B. No. 1329 A BILL TO BE ENTITLED AN ACT 1-1 relating to the use of impact fees by a municipality. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Section 395.012, Local Government Code, is 1-4 amended by adding Subsections (d) and (e) to read as follows: 1-5 (d) A municipality may pledge an impact fee as security for 1-6 the payment of debt service on a bond, note, or other obligation 1-7 issued to finance a capital improvement or public facility 1-8 expansion if: 1-9 (1) the improvement or expansion is identified in a 1-10 capital improvements plan; and 1-11 (2) at the time of the pledge, the governing body of 1-12 the municipality certifies in a written order, ordinance, or 1-13 resolution that none of the impact fee will be used or expended for 1-14 an improvement or expansion not identified in the plan. 1-15 (e) A certification under Subsection (d)(2) is sufficient 1-16 evidence that an impact fee pledged will not be used or expended 1-17 for an improvement or expansion that is not identified in the 1-18 capital improvements plan. 1-19 SECTION 2. The importance of this legislation and the 1-20 crowded condition of the calendars in both houses create an 1-21 emergency and an imperative public necessity that the 1-22 constitutional rule requiring bills to be read on three several 1-23 days in each house be suspended, and this rule is hereby suspended, 1-24 and that this Act take effect and be in force from and after its 2-1 passage, and it is so enacted.