C.S.H.B. 3524 78(R)    BILL ANALYSIS

C.S.H.B. 3524
By: Hamric
Land & Resource Management
Committee Report (Substituted)

BACKGROUND AND PURPOSE 

Some municipalities require landowners to pay, as a precondition to
approval of a development project, the entire cost of the infrastructure
improvements for a project including those improvements that only
indirectly benefit the developer.  As a result, many projects that would
have otherwise been developed become cost prohibitive.   

C.S.H.B. 3524 would limit the amount of infrastructure costs a
municipality could charge a developer to that portion of the
infrastructure costs directly attributable to the proposed development.
The bill seeks to promote infrastructure improvements while not unfairly
burdening landowners wishing to develop their property. C.S.H.B. 3524
limits the amount of infrastructure costs a municipality may charge a
developer to that portion of the infrastructure costs directly
attributable to the proposed development. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.Amends Subchapter Z, Chapter 212, Local Government Code, to add
Section 212.904 as follows: 

Prohibits a municipality from charging a developer for infrastructure
costs an amount that exceeds the amount required for infrastructure
improvements that are directly attributable to the proposed development as
certified by a professional engineer who works for the municipality. 

Authorizes a developer that disputes the certification to appeal to the
municipality for a determination. 

Authorizes a developer to appeal the determination of a municipality to
county or district court. 

Prohibits a municipality from requiring a developer to waive its right of
appeal as a condition for issuing consent for a development project. 

SECTION 2.Effective date.

   Act prospective.

EFFECTIVE DATE

September 1, 2003, or immediately if it receives the requisite number of
votes. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3524 makes the following changes to the bill as filed:

 Requires that direct costs be certified by a professional engineer
retained by the municipality. 

 Authorizes a developer that disputes the certification to appeal to the
municipality for a determination. 

Authorizes a developer to appeal the determination of a municipality to
county or district court. 

Prohibits a municipality from requiring a developer to waive its right of
appeal as a condition for issuing consent for a development project.