Texas House Bill HB3606

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Refer: 3/23/11

Caption

Relating to the payment of development impact fees by certain political subdivisions or governmental entities.

Impact

The proposed amendments in HB3606 will significantly impact how political subdivisions manage development-related costs. By allowing governmental entities to opt in to pay impact fees via contracts, it introduces a mechanism for local governments to negotiate terms they find favorable. This change could lead to more strategic financial planning and negotiations regarding public infrastructure development projects, as entities will no longer be unilaterally liable for impact fees without their consent.

Summary

House Bill 3606 seeks to revise the payment obligations of development impact fees by certain political subdivisions or governmental entities in Texas. It specifically amends Section 395.022(b) of the Local Government Code, clarifying that such entities are not required to pay these fees unless they consent to it through a formal contract with the political subdivision imposing the fees. This legislative change aims to alleviate the financial burden on public entities while allowing them to retain some control over when they agree to such payments.

Sentiment

The sentiment surrounding HB3606 appears to lean towards a positive reception among officials representing political subdivisions. They typically view the bill as a necessary adjustment that gives them flexibility and the ability to manage financial obligations in a manner that aligns with their operational capabilities. However, concerns may arise from those who worry about potential loopholes or that negligible agreements might limit funding for critical developments in greater community needs.

Contention

One notable point of contention regarding HB3606 involves the balance of responsibilities between state requirements and local authority. Critics may argue that the bill could diminish essential funding for infrastructure development projects designed to support growing communities, as local entities might be hesitant to consent to payment of fees. Overall, this legislative change entails a nuanced discussion about the fiscal responsibilities of governmental entities and the implications for future development projects in Texas.