88R11861 MZM-D
 
  By: Romero, Jr. H.B. No. 2934
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study by the Texas Department of Transportation on the
  use of municipal impact fees for roadway facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 395, Local Government
  Code, is amended by adding Section 395.0115 to read as follows:
         Sec. 395.0115.  STUDY OF MUNICIPAL IMPACT FEES TO PAY FOR
  ROADWAY FACILITIES. (a) The Texas Department of Transportation
  shall conduct a study to determine the feasibility of using
  municipal impact fees to pay for roadway facilities that are
  necessary due to municipal development.
         (b)  In conducting the study, the Texas Department of
  Transportation must consider:
               (1)  the roadway facility needs of municipalities;
               (2)  the amount of debt incurred by municipalities for
  roadway facilities;
               (3)  the practicability of adopting impact fees for
  roadway facilities in a municipality's roadway plan, considering
  costs associated with fee imposition and collection;
               (4)  the potential and known effects of the imposition
  and collection of impact fees on local transportation needs;
               (5)  the potential and known effects of the imposition
  and collection of impact fees on the municipality's debt; and
               (6)  the practicability and potential effects of
  remitting five percent of a municipality's impact fees to the
  department for the construction and maintenance of state highways
  attributable to development in the municipality.
         (c)  From the results of the study the Texas Department of
  Transportation shall determine:
               (1)  the population threshold of a municipality for
  which the imposition and collection of impact fees for roadway
  facilities in the municipality's roadway plan is administratively
  feasible;
               (2)  viable alternatives to municipal impact fees in
  municipalities where the imposition and collection of impact fees
  is not administratively feasible; and
               (3)  to what extent, if any, the adoption of impact fees
  would alleviate the debt burden of municipalities.
         (d)  The Texas Department of Transportation shall provide
  the results of the study and the determinations under Subsection
  (c) to the members of the legislature not later than September 1,
  2024.
         (e)  This section expires September 1, 2025.
         SECTION 2.  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, 2023.