2003S1223-1 04/29/03
By: Armbrister S.B. No. 1937
A BILL TO BE ENTITLED
AN ACT
relating to the apportionment of municipal infrastructure
improvement 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. COSTS OF MUNICIPAL INFRASTRUCTURE
IMPROVEMENTS. (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, the
developer's portion of those costs may not exceed 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) If the developer disputes the municipality's
certification of directly attributable costs, then the developer
may appeal the decision to the governing body of the municipality.
At such appeal, the developer shall be permitted to present
evidence and testimony under rules prescribed by the governing
body. The governing body shall determine the costs directly
attributable to the proposed development.
(c) The developer shall be permitted to appeal the governing
body's decision to a court of competent jurisdiction.
(d) The municipality may not, as a condition of issuing
necessary consent for a development project, require that the
developer waive its right to appeal the municipality's
certification.
SECTION 2. (a) 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.
(b) 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.