By Dukes                                        H.B. No. 2553

      75R8779 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to impact fees for certain affordable housing.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 395.016, Local Government Code, is

 1-5     amended by adding Subsection (g) to read as follows:

 1-6           (g)  Notwithstanding Subsections (a)-(e) and Section 395.017,

 1-7     the political subdivision may reduce or waive an impact fee for any

 1-8     service unit that would qualify as affordable housing under 42

 1-9     U.S.C. Section 12745, as amended, once the service unit is

1-10     constructed.  If affordable housing as defined by 42 U.S.C. Section

1-11     12745, as amended, is not constructed, the political subdivision

1-12     may reverse its decision to waive or reduce the impact fee, and the

1-13     political subdivision may assess an impact fee at any time during

1-14     the development approval or building process or after the building

1-15     process if an impact fee was not already assessed.

1-16           SECTION 2.  This Act takes effect September 1, 1997, and

1-17     applies to any assessed or unassessed impact fee that is not

1-18     collected before the effective date of this Act. An impact fee that

1-19     is collected before the effective date of this Act is governed by

1-20     the law in effect on the day it was collected, and the former law

1-21     is continued in effect for that purpose.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.