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.
1-35 * * * * *