78R4387 MXM-D
By: Thompson H.B. No. 2295
A BILL TO BE ENTITLED
AN ACT
relating to the level of municipal participation in contracts with
developers for public improvements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.072(b), Local Government Code, is
amended to read as follows:
(b) The contract must establish the limit of participation
by the municipality at a level not to exceed 70 [30] percent of the
total contract price. In addition, the contract may also allow
participation by the municipality at a level not to exceed 100
percent of the total cost for any oversizing of improvements
required by the municipality, including but not limited to
increased capacity of improvements to anticipate other future
development in the area. The municipality is liable only for the
agreed payment of its share, which shall be determined in advance
either as a lump sum or as a factor or percentage of the total actual
cost as determined by municipal ordinance.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.