85R8196 SCL-F
 
  By: Nelson S.B. No. 852
 
 
 
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 an ordinance, order, policy,
  or other measure that imposes, directly or indirectly, a fee or
  other charge on new construction for the purposes of offsetting the
  cost or rent of any unit of residential housing.
         (b)  Subsection (a) does not affect the authority of a
  political subdivision to impose a fee for granting an exemption or
  waiver from a zoning-related height restriction on a structure.
         SECTION 3.  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.