By:  Armbrister                                                   S.B. No. 1937
	(In the Senate - Filed April 30, 2003; May 1, 2003, read 
first time and referred to Committee on Intergovernmental 
Relations; May 6, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0; 
May 6, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1937                                   By:  Madla


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, the developer's 
portion of the costs may not exceed 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)  A developer that disputes the certification 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.
	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.



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