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By:  Talton (Senate Sponsor - Armbrister)                         H.B. No. 1835
	(In the Senate - Received from the House April 28, 2005; 
April 29, 2005, read first time and referred to Committee on 
Intergovernmental Relations; May 17, 2005, reported adversely, 
with favorable Committee Substitute by the following vote:  Yeas 5, 
Nays 0; May 17, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1835                                   By:  Wentworth


A BILL TO BE ENTITLED

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 
beyond the municipality's minimum adopted standards for on-site 
development by the making of dedications, the payment of fees, 
and/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)  The prevailing party 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 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, 2005.



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