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A BILL TO BE ENTITLED
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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 an ordinance, order, policy, |
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or other measure that imposes, directly or indirectly, a fee or |
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other charge on new construction for the purposes of offsetting the |
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cost or rent of any unit of residential housing. |
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(b) Subsection (a) does not affect the authority of a |
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political subdivision to impose a fee for granting an exemption or |
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waiver from a zoning-related height restriction on a structure. |
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SECTION 3. 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. |