86R12100 JTS-F
 
  By: Schwertner S.B. No. 1510
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the apportionment of infrastructure costs in regard to
  certain property development projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.904(a), Local Government Code, is
  amended to read as follows:
         (a)  If a municipality requires, including under an
  agreement under Chapter 242, as a condition of approval for a
  property development project that the developer bear a portion of
  the costs of municipal infrastructure improvements by the making of
  dedications, the payment of fees, or the payment of construction
  costs, the developer's portion of the costs may not exceed the
  amount required for infrastructure improvements that are roughly
  proportionate to the proposed development as approved by a
  professional engineer who holds a license issued under Chapter
  1001, Occupations Code, and is retained by the municipality.
         SECTION 2.  Subchapter E, Chapter 232, Local Government
  Code, is amended by adding Section 232.110 to read as follows:
         Sec. 232.110.  APPORTIONMENT OF COUNTY INFRASTRUCTURE
  COSTS. (a) If a county requires, including under an agreement
  under Chapter 242, as a condition of approval for a property
  development project that the developer bear a portion of the costs
  of county infrastructure improvements by the making of dedications,
  the payment of fees, or the payment of construction costs, the
  developer's portion of the costs may not exceed the amount required
  for infrastructure improvements that are roughly proportionate to
  the proposed development as approved by a professional engineer who
  holds a license issued under Chapter 1001, Occupations Code, and is
  retained by the county.
         (b)  A developer who disputes the determination made under
  Subsection (a) may appeal to the commissioners court of the county.
  At the appeal, the developer may present evidence and testimony
  under procedures adopted by the commissioners court. After hearing
  any testimony and reviewing the evidence, the commissioners court
  shall make the applicable determination within 30 days following
  the final submission of any testimony or evidence by the developer.
         (c)  A developer may appeal the determination of the
  commissioners court to a county or district court of the county in
  which the development project is located within 30 days of the
  final determination by the commissioners court.
         (d)  A county may not require a developer to waive the right
  of appeal authorized by this section as a condition of approval for
  a development project.
         (e)  A developer who prevails in an appeal under this section
  is entitled to applicable costs and to reasonable attorney's fees,
  including expert witness fees.
         (f)  This section does not diminish the authority or modify
  the procedures specified by Chapter 395.
         SECTION 3.  Subchapter C, Chapter 161, Utilities Code, is
  amended by adding Section 161.126 to read as follows:
         Sec. 161.126.  APPORTIONMENT OF INFRASTRUCTURE COSTS. (a)
  If an electric cooperative requires as a condition of approval for a
  property development project that the developer bear a portion of
  the costs of infrastructure improvements by the making of
  dedications, the payment of fees, or the payment of construction
  costs, the developer's portion of the costs may not exceed the
  amount required for infrastructure improvements that are roughly
  proportionate to the proposed development as approved by a
  professional engineer who holds a license issued under Chapter
  1001, Occupations Code, and is retained by the electric
  cooperative.
         (b)  A developer who disputes the determination made under
  Subsection (a) may appeal to the board. At the appeal, the
  developer may present evidence and testimony under procedures
  adopted by the board. After hearing any testimony and reviewing the
  evidence, the board shall make the applicable determination within
  30 days following the final submission of any testimony or evidence
  by the developer.
         (c)  A developer may appeal the determination of the board to
  a county or district court of the county in which the development
  project is located within 30 days of the final determination by the
  board.
         (d)  An electric cooperative may not require a developer to
  waive the right of appeal authorized by this section as a condition
  of approval for a development project.
         (e)  A developer who prevails in an appeal under this section
  is entitled to applicable costs and to reasonable attorney's fees,
  including expert witness fees.
         SECTION 4.  The change in law made by this Act applies to the
  approval of a development project that is not finally adjudicated
  before the effective date of this Act.
         SECTION 5.  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, 2019.