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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal infrastructure costs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.904, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.904. APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE |
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COSTS. (a) Subject to Local Government Code, Section 212.904, |
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subparagraphs (a)1-4, [If] if a municipality requires as a |
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condition of approval for a property development project that the |
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developer bear a portion of the costs of municipal infrastructure |
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improvements by the making of dedications, the payment of fees, or |
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the payment of construction costs, the developer's portion of the |
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costs may not exceed the amount required for infrastructure |
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improvements that are [roughly] proportionate to the proposed |
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development as approved by a professional engineer who holds a |
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license issued under Chapter 1001, Occupations Code, and is |
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retained by the municipality. |
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(1) The determination of the proportionate share of |
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municipal infrastructure improvements costs shall be determined by |
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the engineer retained by the municipality based on the actual, |
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documented and verifiable impact of the development on the existing |
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infrastructure in the immediate area of the development. Any fees |
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or costs paid for infrastructure improvements by the developer |
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shall be used only for the purpose collected and the work shall |
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commence and shall be substantially underway not later than the |
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23rd month following the payment of such fees. |
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(2) Fees collected under this section shall be for new |
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capital improvements only and shall not be used for recurring |
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expenses or maintenance. |
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(3) Fees collected under this section shall not be to |
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supplement or supplant funding of existing capital infrastructure |
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improvement projects which have funding identified through |
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municipal budgets, bond measures, or any other source. |
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(4) Nothing in this section prohibits the developer |
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from making the improvements on behalf of the municipality if the |
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developer and the municipality agree. |
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(5) The amount calculated in Sec. 212.904 (a)(1) shall |
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be offset by the increase in the taxes the municipality will receive |
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as a result of the increased assessed valuation on the property |
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after development and the estimated amount of the increase in the |
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municipalities sales taxes attributed to the development. |
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SECTION 2. 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. |