79R8668 DRH-F
By: Armbrister S.B. No. 1174
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 property development project that the developer bear a
portion of the costs of municipal infrastructure improvements
beyond the minimum standards adopted by the municipality for
on-site development, the developer's portion of the costs may not
exceed the amount required for infrastructure improvements that is
roughly proportionate to the projected impact of the proposed
development on municipal infrastructure 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 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.
(e) A developer who prevails in an appeal under this section
is entitled to recover court costs, reasonable attorney's fees, and
fees for any expert witnesses hired by the developer for the appeal.
(f) This section does not affect the requirements of 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.