81R11041 SJM-F
By: Coleman H.B. No. 3734
A BILL TO BE ENTITLED
AN ACT
relating to the imposition by an emergency services district of an
impact fee on new development to be used for capital improvements
and equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 775, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. IMPACT FEE
Sec. 775.251. DEFINITIONS. In this subchapter:
(1) "Capital improvement" means a facility that:
(A) has a life expectancy of at least three
years;
(B) is owned and operated by or on behalf of a
district; and
(C) is used as a place from which emergency
services are disseminated or performed or where capital equipment
used in performing emergency services is normally located.
(2) "Emergency services" means services relating to
fire, rescue, and emergency medical services, including ambulance
services, and support services for those duties.
(3) "Impact fee" has the meaning assigned by Section
395.001, Local Government Code, and includes a charge or assessment
imposed by a district for purposes within the scope of that
definition and for the purpose of funding or recouping the cost of
capital equipment.
(4) "New development" has the meaning assigned by
Section 395.001, Local Government Code.
Sec. 775.252. IMPOSITION OF IMPACT FEE. A district may
impose and collect an impact fee against a new development of
property in the district on the terms and in the manner provided for
imposition and collection of an impact fee by a political
subdivision under Chapter 395, Local Government Code.
SECTION 2. 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.