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AN ACT
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relating to county and municipal authority to impose certain |
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value-based fees and require disclosure of certain information |
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related to subdivision construction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 212, Local Government |
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Code, is amended by adding Section 212.906 to read as follows: |
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Sec. 212.906. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF |
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CERTAIN INFORMATION PROHIBITED. (a) This section applies only to |
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an application, review, engineering, inspection, acceptance, |
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administrative, or other fee imposed by a municipality related to |
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the acceptance, review, or processing of engineering or |
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construction plans or for the inspection of improvements for |
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construction of a subdivision or lot or a related improvement |
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associated with or required in conjunction with that construction. |
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(b) A municipality may not consider the cost of constructing |
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or improving the public infrastructure for a subdivision, lot, or |
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related property development in determining the amount of a fee |
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subject to this section. The municipality shall determine the fee |
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by considering the municipality's actual cost to, as applicable, |
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review and process the engineering or construction plan or to |
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inspect the public infrastructure improvement. |
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(c) In determining the municipality's actual cost for |
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reviewing and processing an engineering or construction plan or |
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inspecting a public infrastructure improvement under Subsection |
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(b), a municipality may consider: |
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(1) the fee that would be charged by a qualified, |
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independent third-party entity for those services; |
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(2) the hourly rate for the estimated actual direct |
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time of the municipality's employees performing those services; or |
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(3) the actual costs assessed to the municipality by a |
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third-party entity that provides those services to the |
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municipality. |
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(d) A municipality may not require the disclosure of |
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information related to the value of or cost of constructing or |
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improving a residential dwelling or the public infrastructure |
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improvements for a subdivision, lot, or related property |
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development as a condition of obtaining approval for subdivision |
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construction or for the acceptance of those public infrastructure |
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improvements except as required by the Federal Emergency Management |
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Agency for participation in the National Flood Insurance Program. |
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(e) A municipality that imposes a fee for reviewing or |
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processing an engineering or construction plan or inspecting a |
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public infrastructure improvement shall annually publish the fee |
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and the hourly rate and estimated direct time incurred by municipal |
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employees for a fee calculated under Subsection (c)(2). The |
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municipality must publish the information: |
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(1) on the municipality's Internet website; or |
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(2) if the municipality does not maintain an Internet |
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website, in a newspaper of general circulation in the county in |
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which the municipality is primarily located. |
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SECTION 2. Chapter 232, Local Government Code, is amended |
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by adding Subchapter Z to read as follows: |
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SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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Sec. 232.901. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF |
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CERTAIN INFORMATION PROHIBITED. (a) This section applies only to |
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an application, review, engineering, inspection, acceptance, |
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administrative, or other fee imposed by a county related to the |
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acceptance, review, or processing of engineering or construction |
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plans or for the inspection of improvements for construction in a |
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subdivision or a related improvement associated with or required in |
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conjunction with that construction. |
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(b) A county may not consider the cost of constructing or |
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improving the public infrastructure for a subdivision, lot, or |
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related property development in determining the amount of a fee |
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subject to this section. The county shall determine the fee by |
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considering the county's actual cost to, as applicable, review and |
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process the engineering or construction plan or to inspect the |
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public infrastructure improvement. |
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(c) In determining the county's actual cost for reviewing |
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and processing an engineering or construction plan or inspecting a |
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public infrastructure improvement under Subsection (b), a county |
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may consider: |
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(1) the fee that would be charged by a qualified, |
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independent third-party entity for those services; |
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(2) the hourly rate for the estimated actual direct |
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time of the county's employees performing those services; or |
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(3) the actual costs assessed to the county by a |
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third-party entity that provides those services to the county. |
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(d) A county may not require the disclosure of information |
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related to the value of or cost of constructing or improving a |
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residential dwelling or the public infrastructure improvements for |
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a subdivision, lot, or related property development as a condition |
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of obtaining approval for subdivision construction or for the |
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acceptance of those public infrastructure improvements except as |
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required by the Federal Emergency Management Agency for |
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participation in the National Flood Insurance Program. |
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(e) A county that imposes a fee for reviewing or processing |
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an engineering or construction plan or inspecting a public |
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infrastructure improvement shall annually publish the fee and the |
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hourly rate and estimated direct time incurred by county employees |
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for a fee calculated under Subsection (c)(2). The county must |
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publish the information: |
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(1) on the county's Internet website; or |
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(2) if the county does not maintain an Internet |
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website, in a newspaper of general circulation in the county. |
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SECTION 3. The changes in law made by this Act apply only to |
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a fee subject to Section 212.906 or 232.901, Local Government Code, |
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as added by this Act, assessed by a county or municipality on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3492 was passed by the House on May 2, |
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2023, by the following vote: Yeas 142, Nays 3, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3492 was passed by the Senate on May |
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19, 2023, by the following vote: Yeas 23, Nays 8. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |