By: Armbrister S.B. No. 1174
(In the Senate - Filed March 8, 2005; March 21, 2005, read
first time and referred to Committee on Intergovernmental
Relations; April 25, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 25, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1174 By: Gallegos
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 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) The prevailing party in an appeal under this section is
entitled to applicable costs and to reasonable attorney's fees,
including expert witness fees. For the purpose of this section, the
term "prevailing party" means the party that:
(1) prevailed in a final determination by the
governing body where the developer has not taken appeal as provided
under Subsection (c);
(2) prevailed in a judgment on the merits or a
court-ordered consent decree that creates a material alteration of
the legal relationship of the parties; or
(3) brought about a voluntary change in the
municipality's conduct.
(f) This section does not diminish the authority or modify
the procedures specified by Chapter 395, Local Government Code.
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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