| 1 | 1 | | 81R6281 ATP-F |
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| 2 | 2 | | By: Kuempel H.B. No. 1616 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting adverse action against a school district |
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| 8 | 8 | | that does not consent to the payment of impact fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 395.022, Local Government |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 395.022. AUTHORITY OF POLITICAL SUBDIVISION REGARDING |
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| 13 | 13 | | PAYMENT OF [TO PAY] FEES. |
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| 14 | 14 | | SECTION 2. Section 395.022(b), Local Government Code, is |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (b) A school district is not required to pay impact fees |
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| 17 | 17 | | imposed under this chapter unless the board of trustees of the |
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| 18 | 18 | | district consents to the payment of the fees by entering a contract |
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| 19 | 19 | | with the political subdivision that imposes the fees. The contract |
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| 20 | 20 | | may contain terms the board of trustees considers advisable to |
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| 21 | 21 | | provide for the payment of the fees. A political subdivision or |
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| 22 | 22 | | other governmental entity may not penalize or otherwise take |
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| 23 | 23 | | adverse action against a school district that does not consent to |
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| 24 | 24 | | the payment of impact fees under this subsection. |
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| 25 | 25 | | SECTION 3. This Act takes effect immediately if it receives |
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| 26 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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| 27 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 28 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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| 29 | 29 | | Act takes effect September 1, 2009. |
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