By Craddick 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.