SRC-JLB S.B. 1937 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1937
By: Armbrister
Intergovernmental Relations
5/2/2003
As Filed


DIGEST AND PURPOSE 

Currently, some municipalities require developers to pay, as a
precondition to approval of a development project, the entire cost of the
infrastructure improvements for a project including those improvements
which only indirectly benefit the developer.  As a result, certain
projects which could have otherwise been developed become cost
prohibitive.  As proposed, S.B. 1937 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 212, Local Government Code, by
adding Section 212.904, as follows: 
 
Sec. 212.904.  COSTS OF MUNICIPAL INFRASTRUCTURE IMPROVEMENTS.  (a)
Prohibits the developer's portion of the costs of municipal infrastructure
improvements, if a municipality requires as a condition of approval for a
development project that the developer bear a portion of such costs, from
exceeding the amount required for infrastructure improvements that are
directly attributable to the proposed development, as certified by a
registered professional engineer retained by the municipality. 
 
(b)  Authorizes the developer, if the developer disputes the
municipality's certification of directly attributable costs, to appeal the
decision to the governing body of the municipality.  Requires the
developer, at such an appeal, to be permitted to present evidence and
testimony under rules prescribed by the governing body.  Requires the
governing body to determine the costs directly attributable to the
proposed development. 
 
(c)  Requires the developer to be permitted to appeal the governing body's
decision to a court of competent jurisdiction. 
 
(d)  Prohibits the municipality, as a condition of issuing necessary
consent for a development project, from requiring that the developer waive
its right to appeal the municipality's certification. 
 
SECTION 2.  (a)  Effective date:  upon passage or September 1, 2003.
 
 (b)  Makes application of this Act prospective.