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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition by an emergency services district of an |
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impact fee on new development to be used for capital improvements |
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and equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 775, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. IMPACT FEE |
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Sec. 775.251. DEFINITIONS. In this subchapter: |
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(1) "Capital improvement" means a facility that: |
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(A) has a life expectancy of at least three |
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years; |
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(B) is owned and operated by or on behalf of a |
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district; and |
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(C) is used as a place from which emergency |
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services are disseminated or performed or where capital equipment |
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used in performing emergency services is normally located. |
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(2) "Emergency services" means services relating to |
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fire, rescue, and emergency medical services, including ambulance |
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services, and support services for those duties. |
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(3) "Impact fee" has the meaning assigned by Section |
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395.001, Local Government Code, and includes a charge or assessment |
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imposed by a district for purposes within the scope of that |
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definition and for the purpose of funding or recouping the cost of |
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capital equipment. |
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(4) "New development" has the meaning assigned by |
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Section 395.001, Local Government Code. |
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Sec. 775.252. IMPOSITION OF IMPACT FEE. A district may |
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impose and collect an impact fee against a new development of |
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property in the district on the terms and in the manner provided for |
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imposition and collection of an impact fee by a political |
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subdivision under Chapter 395, Local Government Code. |
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SECTION 2. 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. |