By:  Armbrister, Deuell                                           S.B. No. 1937

A BILL TO BE ENTITLED
AN ACT
relating to the apportionment of municipal infrastructure costs to developers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 212, Local Government Code, is amended by adding Section 212.904 to read as follows: Sec. 212.904. APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS. (a) If a municipality requires as a condition of approval for a development project that the developer bear a portion of the costs of municipal infrastructure improvements beyond the municipality's minimum adopted standards for on-site development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the municipality. (b) A developer that disputes the determination made under Subsection (a) may appeal to the governing body of the municipality. At the appeal, the developer may present evidence and testimony under procedures adopted by the governing body. After hearing any testimony and reviewing the evidence, the governing body shall make a determination. (c) A developer may appeal the determination of the governing body to a county or district court of the county in which the development project is located. (d) A municipality may not require a developer to waive the right of appeal authorized by this section as a condition of issuing consent for a development project. (e) This section does not diminish the authority or modify the procedure specified in Chapter 395, Local Government Code. SECTION 2. The change in law made by this Act applies only to municipal approval of a development project that occurs on or after the effective date of this Act. SECTION 3. 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.