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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting adverse action against a school district |
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that does not consent to the payment of impact fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 395.022, Local Government |
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Code, is amended to read as follows: |
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Sec. 395.022. AUTHORITY OF POLITICAL SUBDIVISION REGARDING |
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PAYMENT OF [TO PAY] FEES. |
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SECTION 2. Section 395.022(b), Local Government Code, is |
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amended to read as follows: |
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(b) A school district is not required to pay impact fees |
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imposed under this chapter unless the board of trustees of the |
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district consents to the payment of the fees by entering a contract |
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with the political subdivision that imposes the fees. The contract |
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may contain terms the board of trustees considers advisable to |
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provide for the payment of the fees. A political subdivision or |
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other governmental entity may not penalize or otherwise take |
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adverse action against a school district that does not consent to |
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the payment of impact fees under this subsection. |
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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. |