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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 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) in existence on January 1, 2017; |
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(B) adopted under Chapter 378 by a municipality |
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with a population of more than 700,000; and |
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(C) for which eligibility is maintained as |
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required under Chapter 312, Tax Code; or |
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(2) an ordinance, order, or other similar measure in |
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effect on January 1, 2017, that allows voluntary payment of a fee to |
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a political subdivision in connection with the issuance of a zoning |
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waiver related to new construction that allows a multifamily |
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residential or commercial structure to exceed height or square |
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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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