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H.B. No. 1835
AN ACT
relating to the apportionment of municipal infrastructure costs in
regard to certain property development projects.
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 property development project that the developer bear a
portion of the costs of municipal infrastructure improvements by
the making of dedications, the payment of fees, or the payment of
construction costs, 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 who 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 the applicable determination within 30
days following the final submission of any testimony or evidence by
the developer.
(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 within 30 days of the final
determination by the governing body.
(d) A municipality may not require a developer to waive the
right of appeal authorized by this section as a condition of
approval for a development project.
(e) A developer who prevails in an appeal under this section
is entitled to applicable costs and to reasonable attorney's fees,
including expert witness fees.
(f) This section does not diminish the authority or modify
the procedures specified by Chapter 395.
SECTION 2. The change in law made by this Act applies to the
approval of a development project that is not finally adjudicated
before 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1835 was passed by the House on April
27, 2005, by the following vote: Yeas 147, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1835 on May 23, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1835 on May 29, 2005, by the following vote: Yeas 142,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1835 was passed by the Senate, with
amendments, on May 20, 2005, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1835 on May 28, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor