81R6281 ATP-F
By: Kuempel H.B. No. 1616
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting adverse action against a school district
that does not consent to the payment of impact fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 395.022, Local Government
Code, is amended to read as follows:
Sec. 395.022. AUTHORITY OF POLITICAL SUBDIVISION REGARDING
PAYMENT OF [TO PAY] FEES.
SECTION 2. Section 395.022(b), Local Government Code, is
amended to read as follows:
(b) A school district is not required to pay impact fees
imposed under this chapter unless the board of trustees of the
district consents to the payment of the fees by entering a contract
with the political subdivision that imposes the fees. The contract
may contain terms the board of trustees considers advisable to
provide for the payment of the fees. A political subdivision or
other governmental entity may not penalize or otherwise take
adverse action against a school district that does not consent to
the payment of impact fees under this subsection.
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, 2009.