1-1        By:  Nelson                                     S.B. No. 1329
    1-2        (In the Senate - Filed March 10, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; April 5, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  April 5, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1329                  By:  Rosson
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the use of impact fees by a municipality.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 395.012, Local Government Code, is
   1-13  amended by adding Subsections (d) and (e) to read as follows:
   1-14        (d)  A municipality may pledge an impact fee as security for
   1-15  the payment of debt service on a bond, note, or other obligation
   1-16  issued to finance a capital improvement or public facility
   1-17  expansion if:
   1-18              (1)  the improvement or expansion is identified in a
   1-19  capital improvements plan; and
   1-20              (2)  at the time of the pledge, the governing body of
   1-21  the municipality certifies in a written order, ordinance, or
   1-22  resolution that none of the impact fee will be used or expended for
   1-23  an improvement or expansion not identified in the plan.
   1-24        (e)  A certification under Subsection (d)(2) is sufficient
   1-25  evidence that an impact fee pledged will not be used or expended
   1-26  for an improvement or expansion that is not identified in the
   1-27  capital improvements plan.
   1-28        SECTION 2.  The importance of this legislation and the
   1-29  crowded condition of the calendars in both houses create an
   1-30  emergency and an imperative public necessity that the
   1-31  constitutional rule requiring bills to be read on three several
   1-32  days in each house be suspended, and this rule is hereby suspended,
   1-33  and that this Act take effect and be in force from and after its
   1-34  passage, and it is so enacted.
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