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.