| 1 | 1 | | 81R11041 SJM-F |
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| 2 | 2 | | By: Coleman H.B. No. 3734 |
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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 the imposition by an emergency services district of an |
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| 8 | 8 | | impact fee on new development to be used for capital improvements |
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| 9 | 9 | | and equipment. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 775, Health and Safety Code, is amended |
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| 12 | 12 | | by adding Subchapter I to read as follows: |
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| 13 | 13 | | SUBCHAPTER I. IMPACT FEE |
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| 14 | 14 | | Sec. 775.251. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Capital improvement" means a facility that: |
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| 16 | 16 | | (A) has a life expectancy of at least three |
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| 17 | 17 | | years; |
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| 18 | 18 | | (B) is owned and operated by or on behalf of a |
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| 19 | 19 | | district; and |
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| 20 | 20 | | (C) is used as a place from which emergency |
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| 21 | 21 | | services are disseminated or performed or where capital equipment |
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| 22 | 22 | | used in performing emergency services is normally located. |
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| 23 | 23 | | (2) "Emergency services" means services relating to |
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| 24 | 24 | | fire, rescue, and emergency medical services, including ambulance |
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| 25 | 25 | | services, and support services for those duties. |
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| 26 | 26 | | (3) "Impact fee" has the meaning assigned by Section |
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| 27 | 27 | | 395.001, Local Government Code, and includes a charge or assessment |
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| 28 | 28 | | imposed by a district for purposes within the scope of that |
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| 29 | 29 | | definition and for the purpose of funding or recouping the cost of |
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| 30 | 30 | | capital equipment. |
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| 31 | 31 | | (4) "New development" has the meaning assigned by |
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| 32 | 32 | | Section 395.001, Local Government Code. |
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| 33 | 33 | | Sec. 775.252. IMPOSITION OF IMPACT FEE. A district may |
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| 34 | 34 | | impose and collect an impact fee against a new development of |
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| 35 | 35 | | property in the district on the terms and in the manner provided for |
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| 36 | 36 | | imposition and collection of an impact fee by a political |
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| 37 | 37 | | subdivision under Chapter 395, Local Government Code. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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