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 * * * * *