84R9920 JTS-D
By: Romero, Jr. H.B. No. 3984
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of municipal impact fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 395, Local Government
Code, is amended by adding Section 395.0115 to read as follows:
Sec. 395.0115. REQUIRED MUNICIPAL IMPACT FEE; ADDITIONAL
AMOUNT FOR STATE HIGHWAYS. (a) A municipality shall assess and
collect an impact fee for new development in the municipality in an
amount per service unit that is not less than the total of:
(1) 20 percent of the maximum amount under Section
395.015; and
(2) five percent of the per service unit cost of any
projected roadway facility capital improvements that are the
responsibility of the Texas Department of Transportation.
(b) On or before the fifth workday of each month, a
municipality shall remit to the Texas Department of Transportation
an amount equal to the amount collected by the municipality under
Subsection (a)(2) in the preceding month. Money received by the
department under this subsection shall be held in a special account
and used only for the improvements identified in the capital
improvements plan.
(c) The provisions of this chapter applicable to the use and
refunding of fees collected by a political subdivision apply in the
same manner to the use and refunding of amounts received by the
department under Subsection (b).
SECTION 2. (a) Section 395.0115, Local Government Code, as
added by this Act, applies only to impact fees collected pursuant to
a capital improvements plan adopted or updated on or after the
effective date of this Act.
(b) A municipality that does not have a capital improvements
plan on the effective date of this Act shall adopt a capital
improvements plan not later than January 1, 2016.
SECTION 3. This Act takes effect September 1, 2015.