SRC-JRN H.B. 3603 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3603
By: Craddick (Duncan)
Intergovernmental Relations
5-15-97
Engrossed


DIGEST 

Currently, certain cities that have not adopted impact fees may have to
make difficult decisions when considering the funding of needed capital
improvements to encourage growth and development in and around its
municipal boundaries.  Municipalities typically have subdivision
ordinances requiring developer participation for capital improvements
directly related to a development.  This bill allows certain
municipalities who have not adopted impact fees the ability to participate
in the growth and development of their city.    

PURPOSE

As proposed, H.B. 3603 allows certain municipalities who have not adopted
impact fees the ability to participate in the growth and development of
their city. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 395D, Local Government Code, by adding Section
395.081, as follows: 

Sec. 395.081. FEES FOR ADJOINING LANDOWNERS IN CERTAIN MUNICIPALITIES.
Provides that this section applies only to a municipality with a
population of 105,000 or less that constitutes more than three-fourths of
the population of the county in which the majority of the area of the
municipality is located.  Authorizes a municipality that has not adopted
an impact fee under this chapter that is constructing a capital
improvement from the municipality to a development located within or
outside the municipality's boundaries, to allow certain landowners to
connect to the capital improvement if specific conditions are met by the
landowner and the municipality.  Requires a municipality to adopt a
finding that the municipality will benefit from allowing the landowner to
connect to the capital improvement, before a municipality is authorized to
allow a landowner to connect to a capital improvement under Subsection
(b).  Requires the finding to describe the benefit to be received by the
municipality.  Provides that a determination of the governing body of a
municipality or its officers or employees, under this section is a
discretionary function of the municipality.  Provides that the
municipality and its officers or employees are not liable for a
determination made under this section. 

SECTION 2. Emergency clause.
  Effective date: upon passage.