85R9470 SCL-F
 
  By: Simmons, et al. H.B. No. 1449
 
  Substitute the following for H.B. No. 1449:
 
  By:  Darby C.S.H.B. No. 1449
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting local governments from imposing certain
  fees on new construction.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that:
               (1)  fees and exactions imposed by political
  subdivisions to fund subsidized housing materially increase the
  cost of housing construction and other forms of construction in the
  state; and
               (2)  it is in the state's interest to incentivize
  housing affordability for Texas residents by circumscribing
  regulatory burdens imposed on the housing industry by political
  subdivisions.
         SECTION 2.  Chapter 250, Local Government Code, is amended
  by adding Section 250.008 to read as follows:
         Sec. 250.008.  LINKAGE FEES PROHIBITED. (a) A political
  subdivision may not adopt or enforce a charter provision,
  ordinance, order, or other regulation that imposes, directly or
  indirectly, a fee, charge, or demand on new construction for the
  purposes of offsetting the cost or rent of any unit of residential
  housing.
         (b)  This section does not apply to:
               (1)  a residential density bonus program in which a
  zoning waiver is issued for a voluntary fee payment; or
               (2)  the voluntary provision of affordable housing or
  other defined public benefit.
         (c)  A charter provision, ordinance, order, or other
  regulation adopted by a political subdivision that conflicts with
  this section is null and void.
         SECTION 3.  The change in law made by this Act does not apply
  to an agreement relating to providing subsidized housing entered
  into before the effective date of this Act.
         SECTION 4.  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, 2017.