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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of municipal impact fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 395, Local Government |
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Code, is amended by adding Section 395.0115 to read as follows: |
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Sec. 395.0115. REQUIRED MUNICIPAL IMPACT FEE; ADDITIONAL |
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AMOUNT FOR STATE HIGHWAYS. (a) A municipality shall assess and |
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collect an impact fee for new development in the municipality in an |
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amount per service unit that is not less than the total of: |
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(1) 20 percent of the maximum amount under Section |
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395.015; and |
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(2) five percent of the per service unit cost of any |
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projected roadway facility capital improvements that are the |
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responsibility of the Texas Department of Transportation. |
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(b) On or before the fifth workday of each month, a |
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municipality shall remit to the Texas Department of Transportation |
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an amount equal to the amount collected by the municipality under |
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Subsection (a)(2) in the preceding month. Money received by the |
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department under this subsection shall be held in a special account |
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and used only for the improvements identified in the capital |
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improvements plan. |
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(c) The provisions of this chapter applicable to the use and |
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refunding of fees collected by a political subdivision apply in the |
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same manner to the use and refunding of amounts received by the |
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department under Subsection (b). |
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SECTION 2. (a) Section 395.0115, Local Government Code, as |
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added by this Act, applies only to impact fees collected pursuant to |
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a capital improvements plan adopted or updated on or after the |
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effective date of this Act. |
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(b) A municipality that does not have a capital improvements |
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plan on the effective date of this Act shall adopt a capital |
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improvements plan not later than January 1, 2016. |
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SECTION 3. This Act takes effect September 1, 2015. |