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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of impact fees by school districts and |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 395.022, Local Government Code, is |
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amended to read as follows: |
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Sec. 395.022. AUTHORITY OF POLITICAL SUBDIVISION OR |
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INSTITUTION OF HIGHER EDUCATION TO PAY FEES. (a) In this section, |
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"institution of higher education" has the meaning assigned by |
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Section 61.003, Education Code. |
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(b) Political subdivisions and other governmental entities |
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may pay impact fees imposed under this chapter. |
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(c) [(b)] A school district or institution of higher |
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education is not required to pay impact fees imposed under this |
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chapter unless the governing body [board of trustees] of the |
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district or institution consents to the payment of the fees by |
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entering a contract with the political subdivision that imposes the |
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fees. The contract may contain terms the board of trustees |
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considers advisable to provide for the payment of the fees. |
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(d) A fee imposed under Section 49.212(d), Water Code, is |
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considered an impact fee regardless of what it is called, |
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considered, or deemed under that section or other law. To the extent |
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of a conflict, this section controls over Section 49.212(d), Water |
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Code. |
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SECTION 2. This Act takes effect September 1, 2011. |