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A BILL TO BE ENTITLED
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AN ACT
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relating to the capital improvements that a local government may |
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finance with an impact fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 395.001(1), Local Government Code, is |
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amended to read as follows: |
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(1) "Capital improvement" means any of the following |
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facilities that have a life expectancy of three or more years and |
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are owned and operated by or on behalf of a political subdivision: |
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(A) water supply, treatment, and distribution |
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facilities; wastewater collection and treatment facilities; and |
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storm water, drainage, and flood control facilities; whether or not |
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they are located within the service area; [and] |
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(B) roadway facilities; and |
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(C) fire stations. |
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SECTION 2. Section 395.011, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A political subdivision shall exempt a nonprofit |
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organization that meets the eligibility requirements for |
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certification by the Texas Department of Housing and Community |
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Affairs as a nonprofit owner-builder housing program and that |
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provides low-income housing from the imposition of an impact fee |
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for a capital improvement as defined by Section 395.001(1)(C). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |