By Craddick, West, Counts                             H.B. No. 3603

         75R13908 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to fees to finance capital improvements in certain

 1-3     municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 395, Local Government Code,

 1-6     is amended by adding Section 395.081 to read as follows:

 1-7           Sec. 395.081.  FEES FOR ADJOINING LANDOWNERS IN CERTAIN

 1-8     MUNICIPALITIES.  (a)  This section applies only to a municipality

 1-9     with a population of 105,000 or less that constitutes more than

1-10     three-fourths of the population of the county in which the majority

1-11     of the area of the municipality is located.

1-12           (b)  A municipality that has not adopted an impact fee under

1-13     this chapter that is constructing a capital improvement, including

1-14     sewer or waterline or drainage or roadway facilities, from the

1-15     municipality to a development located within or outside the

1-16     municipality's boundaries, in its discretion, may allow a landowner

1-17     whose land adjoins the capital improvement or is within a specified

1-18     distance from the capital improvement, as determined by the

1-19     governing body of the municipality, to connect to the capital

1-20     improvement if:

1-21                 (1)  the governing body of the municipality has adopted

1-22     a  finding under Subsection (c); and

1-23                 (2)  the landowner agrees to pay a proportional share

1-24     of the cost of the capital improvement as determined by the

 2-1     governing body of the municipality and agreed to by the landowner.

 2-2           (c)  Before a municipality may allow a landowner to connect

 2-3     to a capital improvement under Subsection (b), the municipality

 2-4     shall adopt a finding that the municipality will benefit from

 2-5     allowing the landowner to connect to the capital improvement.  The

 2-6     finding shall describe the benefit to be received by the

 2-7     municipality.

 2-8           (d)  A determination of the governing body of a municipality,

 2-9     or its officers or employees, under this section is a discretionary

2-10     function of the municipality and the municipality and its officers

2-11     or employees are not liable for a determination made under this

2-12     section.

2-13           SECTION 2.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended,

2-18     and that this Act take effect and be in force from and after its

2-19     passage, and it is so enacted.