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.