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. 1-51 * * * * *