| 1 | 1 | | 81R295 ATP-D |
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| 2 | 2 | | By: Villarreal H.B. No. 403 |
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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 capital improvements that a local government may |
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| 8 | 8 | | finance with an impact fee. |
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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. Section 395.001(1), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (1) "Capital improvement" means any of the following |
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| 13 | 13 | | facilities that have a life expectancy of three or more years and |
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| 14 | 14 | | are owned and operated by or on behalf of a political subdivision: |
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| 15 | 15 | | (A) water supply, treatment, and distribution |
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| 16 | 16 | | facilities; wastewater collection and treatment facilities; and |
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| 17 | 17 | | storm water, drainage, and flood control facilities; whether or not |
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| 18 | 18 | | they are located within the service area; [and] |
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| 19 | 19 | | (B) roadway facilities; and |
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| 20 | 20 | | (C) fire stations. |
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| 21 | 21 | | SECTION 2. Section 395.011, Local Government Code, is |
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| 22 | 22 | | amended by adding Subsection (d) to read as follows: |
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| 23 | 23 | | (d) A political subdivision shall exempt a nonprofit |
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| 24 | 24 | | organization that meets the eligibility requirements for |
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| 25 | 25 | | certification by the Texas Department of Housing and Community |
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| 26 | 26 | | Affairs as a nonprofit owner-builder housing program and that |
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| 27 | 27 | | provides low-income housing from the imposition of an impact fee |
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| 28 | 28 | | for a capital improvement as defined by Section 395.001(1)(C). |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2009. |
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