1-1 By: Barrientos S.B. No. 1335
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 27, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; April 27, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Gallegos
1-7 Amend S.B. No. 1335 as follows:
1-8 On page 3, line 15 (committee printing page 2, line 12) after
1-9 "individuals" add the words "with incomes no greater than 80
1-10 percent of the area median family income, adjusted for family size,
1-11 as determined by the United States Department of Housing and Urban
1-12 Development".
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to the waiver of, moratorium on, or alternate use of
1-16 municipal impact fees.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Chapter 395, Local Government Code, is amended by
1-19 adding Subchapter E to read as follows:
1-20 SUBCHAPTER E. WAIVER OF, MORATORIUM ON, OR ALTERNATE
1-21 USE OF IMPACT FEES
1-22 Sec. 395.101. AFFORDABLE HOUSING DEFINED. In this
1-23 subchapter, "affordable housing" means housing for which financial
1-24 assistance is available under a program administered by the Texas
1-25 Department of Housing and Community Affairs, including the
1-26 community development block grant program and the low income
1-27 housing tax credit program.
1-28 Sec. 395.102. MUNICIPAL WAIVER OF IMPACT FEES. (a) To
1-29 stimulate the development of affordable housing, a municipality by
1-30 ordinance may waive the collection of impact fees imposed under
1-31 this chapter. The municipality shall take measures to ensure that
1-32 the waiver results in the development of affordable housing.
1-33 (b) The amount of impact fees waived under this section may
1-34 be claimed, by an applicant for state or federal matching funds or
1-35 tax credits for the development of the affordable housing, as local
1-36 matching funds under a state program or, if permitted by federal
1-37 law or regulation, under a federal program.
1-38 (c) A municipality that authorizes a waiver of the
1-39 collection of impact fees under this section may not deny a waiver
1-40 to an eligible applicant because of the location of the affordable
1-41 housing.
1-42 Sec. 395.103. COUNTY MORATORIUM ON COLLECTION OF IMPACT
1-43 FEES. (a) To stimulate the development of affordable housing, the
1-44 commissioners court of a county with a population of 500,000 or
1-45 more by order may impose a six-month moratorium on the collection
1-46 of impact fees imposed in the county by a municipality under this
1-47 chapter. The commissioners court may renew the moratorium only for
1-48 one additional six-month period. The commissioners court shall
1-49 take measures to ensure that the moratorium results in the
1-50 development of affordable housing.
1-51 (b) The commissioners court by order must establish a public
1-52 hearing date to consider the adoption of a moratorium under this
1-53 section. The commissioners court shall publish notice of the
1-54 hearing once a week for three consecutive weeks, the first notice
1-55 to appear before the 30th day but on or after the 60th day before
1-56 the date of the hearing in one or more newspapers of general
1-57 circulation in the county.
1-58 (c) After the public hearing, the commissioners court may
1-59 adopt a moratorium only if the court finds that:
1-60 (1) affordable housing is not available in proportion
1-61 to the number of persons in the county who are at or below 60
1-62 percent of the median family income in the county;
1-63 (2) the occupancy rate in the county for multifamily
1-64 housing is at 95 percent or greater; and
1-65 (3) a moratorium on the collection of municipal impact
1-66 fees would not impose an undue burden on a municipal utility
1-67 system.
1-68 (d) If a municipality has a population of 5,000 or less:
2-1 (1) the commissioners court may limit the moratorium
2-2 to stimulate the development of single-family homes; and
2-3 (2) the moratorium must automatically expire when the
2-4 forbearance to collect the impact fees under the moratorium results
2-5 in the development of the greater of 50 service units or two
2-6 percent of the service units projected in the capital improvements
2-7 plan.
2-8 Sec. 395.104. ALTERNATE USE FOR IMPACT FEES COLLECTED.
2-9 (a) The governing body of a municipality by ordinance may dedicate
2-10 proceeds from impact fees to establish a program to provide funds
2-11 for down payments to qualify individuals for single-family home
2-12 ownership.
2-13 (b) The municipality may adopt an ordinance under this
2-14 section only after a public hearing. The municipality shall
2-15 publish notice of the hearing once a week for three consecutive
2-16 weeks, the first notice to appear before the 30th day but on or
2-17 after the 60th day before the date of the hearing in one or more
2-18 newspapers of general circulation in the municipality.
2-19 (c) An ordinance adopted under this section must establish:
2-20 (1) the total number of housing units eligible for
2-21 funds under the program;
2-22 (2) the method of calculating the reduction in project
2-23 costs for each housing unit; and
2-24 (3) the method of monitoring the level of income for
2-25 each applicant qualifying under the program.
2-26 Sec. 395.105. INCREASE IN IMPACT FEES PROHIBITED. Impact
2-27 fees imposed under this chapter may not be increased as a result of
2-28 a municipal waiver or alternate dedication of fees or a county
2-29 moratorium on fees as provided by this subchapter.
2-30 SECTION 2. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended,
2-35 and that this Act take effect and be in force from and after its
2-36 passage, and it is so enacted.
2-37 * * * * *