81R11041 SJM-F
 
  By: Coleman H.B. No. 3734
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the imposition by an emergency services district of an
  impact fee on new development to be used for capital improvements
  and equipment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 775, Health and Safety Code, is amended
  by adding Subchapter I to read as follows:
  SUBCHAPTER I. IMPACT FEE
         Sec. 775.251.  DEFINITIONS.  In this subchapter:
               (1)  "Capital improvement" means a facility that:
                     (A)  has a life expectancy of at least three
  years;
                     (B)  is owned and operated by or on behalf of a
  district; and
                     (C)  is used as a place from which emergency
  services are disseminated or performed or where capital equipment
  used in performing emergency services is normally located.
               (2)  "Emergency services" means services relating to
  fire, rescue, and emergency medical services, including ambulance
  services, and support services for those duties.
               (3)  "Impact fee" has the meaning assigned by Section
  395.001, Local Government Code, and includes a charge or assessment
  imposed by a district for purposes within the scope of that
  definition and for the purpose of funding or recouping the cost of
  capital equipment.
               (4)  "New development" has the meaning assigned by
  Section 395.001, Local Government Code.
         Sec. 775.252.  IMPOSITION OF IMPACT FEE. A district may
  impose and collect an impact fee against a new development of
  property in the district on the terms and in the manner provided for
  imposition and collection of an impact fee by a political
  subdivision under Chapter 395, Local Government Code.
         SECTION 2.  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, 2009.