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


Senate Research CenterC.S.S.B. 1937
78R13864 DRH-DBy: Armbrister
Intergovernmental Relations
5/5/2003
Committee Report (Substituted)


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.  C.S.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.  APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS.  (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
professional engineer who holds a license issued under Chapter 1001,
Occupations Code, and is retained by the municipality. 
 
(b)  Authorizes a developer that disputes the certification made under
Subsection (a) to appeal to the governing body of the municipality.
Authorizes the developer, at the appeal, to present evidence and testimony
under procedures adopted by the governing body.  Requires the governing
body, after hearing any testimony and reviewing the evidence, to make a
determination. 
 
(c)  Authorizes a developer to appeal the determination of the governing
body to a county or district court of the county in which the development
project is located. 
 
(d)  Prohibits a municipality from requiring a developer to waive the
right of appeal authorized by this section as a condition of issuing
consent for a development project. 
 
SECTION 2.  Makes application of this Act prospective.  

SECTION 3.  Effective date:  upon passage or September 1, 2003.