Texas House Bill HB3492

Texas 2023 - 88th Regular

• Filed: 3/3/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/17/23
• Voted on by Senate: 5/19/23
• Governor Action: 6/10/23

Caption

Relating to county and municipal authority to impose certain value-based fees and require disclosure of certain information related to subdivision construction.

Impact

The passage of HB 3492 is expected to have significant implications for local governance and development across Texas. By establishing a clearer framework for how inspection and engineering review fees are determined, the bill seeks to improve transparency and consistency in the permitting process. This may encourage more equitable treatment of developers and property owners while also enabling municipalities to recoup their actual costs in providing necessary services. However, it may limit the financial flexibility local governments have in funding infrastructure improvements.

Summary

House Bill 3492 addresses the authority of counties and municipalities in Texas to impose value-based fees related to the construction and inspection of subdivisions. This legislation aims to standardize the calculation of such fees, ensuring they reflect the actual costs incurred by local authorities for services like reviewing engineering plans and inspecting public infrastructure. Notably, the bill prohibits local governments from charging fees based on the construction costs of public infrastructure, focusing instead on their actual operational costs necessary for oversight and inspection processes.

Sentiment

The general sentiment surrounding HB 3492 has been mixed. Proponents, including representatives from builders’ associations, argue that the bill fosters fairness and clarity in permitting fees, reducing the financial burden on developers. Critics, however, express concern that the law could restrict local governments' ability to generate revenue necessary for public infrastructure, particularly in rapidly growing areas. This debate highlights tensions between the need for effective development oversight and the financial capabilities of municipalities.

Contention

Key points of contention during the discussions included concerns that HB 3492 may undermine the financial autonomy of local governments. Opponents argued that by restricting how inspection fees can be assessed, the bill could lead to budget shortfalls for municipalities, particularly those reliant on such fees for infrastructure funding. Supporters countered that the bill would streamline processes and prevent excessive fees that do not correspond to the actual costs of services, thus advocating for a more predictable business environment for developers.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 212. Municipal Regulation Of Subdivisions And Property Development
  • Section: 906
  • Section: 906
  • Section: 906
  • Section: 906

• Chapter 232. County Regulation Of Subdivisions
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