1-1     By:  Craddick, West, Counts (Senate Sponsor - Duncan) H.B. No. 3603

 1-2           (In the Senate - Received from the House May 13, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; May 16, 1997, reported favorably by

 1-5     the following vote:  Yeas 9, Nays 0; May 16, 1997, sent to

 1-6     printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to fees to finance capital improvements in certain

1-10     municipalities.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subchapter D, Chapter 395, Local Government Code,

1-13     is amended by adding Section 395.081 to read as follows:

1-14           Sec. 395.081.  FEES FOR ADJOINING LANDOWNERS IN CERTAIN

1-15     MUNICIPALITIES.  (a)  This section applies only to a municipality

1-16     with a population of 105,000 or less that constitutes more than

1-17     three-fourths of the population of the county in which the majority

1-18     of the area of the municipality is located.

1-19           (b)  A municipality that has not adopted an impact fee under

1-20     this chapter that is constructing a capital improvement, including

1-21     sewer or waterline or drainage or roadway facilities, from the

1-22     municipality to a development located within or outside the

1-23     municipality's boundaries, in its discretion, may allow a landowner

1-24     whose land adjoins the capital improvement or is within a specified

1-25     distance from the capital improvement, as determined by the

1-26     governing body of the municipality, to connect to the capital

1-27     improvement if:

1-28                 (1)  the governing body of the municipality has adopted

1-29     a  finding under Subsection (c); and

1-30                 (2)  the landowner agrees to pay a proportional share

1-31     of the cost of the capital improvement as determined by the

1-32     governing body of the municipality and agreed to by the landowner.

1-33           (c)  Before a municipality may allow a landowner to connect

1-34     to a capital improvement under Subsection (b), the municipality

1-35     shall adopt a finding that the municipality will benefit from

1-36     allowing the landowner to connect to the capital improvement.  The

1-37     finding shall describe the benefit to be received by the

1-38     municipality.

1-39           (d)  A determination of the governing body of a municipality,

1-40     or its officers or employees, under this section is a discretionary

1-41     function of the municipality and the municipality and its officers

1-42     or employees are not liable for a determination made under this

1-43     section.

1-44           SECTION 2.  The importance of this legislation and the

1-45     crowded condition of the calendars in both houses create an

1-46     emergency and an imperative public necessity that the

1-47     constitutional rule requiring bills to be read on three several

1-48     days in each house be suspended, and this rule is hereby suspended,

1-49     and that this Act take effect and be in force from and after its

1-50     passage, and it is so enacted.

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