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AN ACT
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relating to prohibiting local governments from imposing certain |
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fees on new construction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) fees and exactions imposed by political |
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subdivisions to fund subsidized housing materially increase the |
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cost of housing construction and other forms of construction in the |
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state; and |
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(2) it is in the state's interest to incentivize |
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housing affordability for Texas residents by circumscribing |
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regulatory burdens imposed on the housing industry by political |
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subdivisions. |
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SECTION 2. Chapter 250, Local Government Code, is amended |
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by adding Section 250.008 to read as follows: |
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Sec. 250.008. LINKAGE FEES PROHIBITED. (a) A political |
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subdivision may not adopt or enforce a charter provision, |
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ordinance, order, or other regulation that imposes, directly or |
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indirectly, a fee on new construction for the purposes of |
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offsetting the cost or rent of any unit of residential housing. |
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(b) For purposes of this section: |
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(1) a fee is imposed indirectly on new construction if |
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a charter provision, ordinance, order, or other regulation allows |
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acceptance by the political subdivision of a fee on new |
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construction; and |
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(2) new construction includes zoning, subdivisions, |
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site plans, and building permits associated with new construction. |
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(c) This section does not apply to: |
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(1) an affordable housing and property tax abatement |
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program: |
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(A) adopted under Chapter 378 or Chapter 312, Tax |
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Code, by a municipality with a population of more than 700,000; and |
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(B) for which eligibility is maintained as |
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required under Chapter 312, Tax Code, as applicable; or |
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(2) an ordinance, order, or other similar measure that |
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permits the voluntary payment of a fee in lieu of other |
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consideration to a political subdivision in connection with the |
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issuance of a zoning waiver related to new construction that allows |
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a multifamily residential or commercial structure to exceed height |
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or square footage limitations. |
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(d) A charter provision, ordinance, order, or other |
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regulation adopted by a political subdivision that conflicts with |
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this section is null and void. |
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SECTION 3. The change in law made by this Act does not apply |
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to an agreement relating to providing subsidized housing entered |
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into before the effective date of this Act. |
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SECTION 4. 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, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1449 was passed by the House on May 3, |
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2017, by the following vote: Yeas 102, Nays 38, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1449 on May 20, 2017, by the following vote: Yeas 107, Nays 27, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1449 was passed by the Senate, with |
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amendments, on May 18, 2017, by the following vote: Yeas 27, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |