H.B. No. 1449
AN ACT
relating to prohibiting local governments from imposing certain
fees on new construction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) fees and exactions imposed by political
subdivisions to fund subsidized housing materially increase the
cost of housing construction and other forms of construction in the
state; and
(2) it is in the state's interest to incentivize
housing affordability for Texas residents by circumscribing
regulatory burdens imposed on the housing industry by political
subdivisions.
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Section 250.008 to read as follows:
Sec. 250.008. LINKAGE FEES PROHIBITED. (a) A political
subdivision may not adopt or enforce a charter provision,
ordinance, order, or other regulation that imposes, directly or
indirectly, a fee on new construction for the purposes of
offsetting the cost or rent of any unit of residential housing.
(b) For purposes of this section:
(1) a fee is imposed indirectly on new construction if
a charter provision, ordinance, order, or other regulation allows
acceptance by the political subdivision of a fee on new
construction; and
(2) new construction includes zoning, subdivisions,
site plans, and building permits associated with new construction.
(c) This section does not apply to:
(1) an affordable housing and property tax abatement
program:
(A) adopted under Chapter 378 or Chapter 312, Tax
Code, by a municipality with a population of more than 700,000; and
(B) for which eligibility is maintained as
required under Chapter 312, Tax Code, as applicable; or
(2) an ordinance, order, or other similar measure that
permits the voluntary payment of a fee in lieu of other
consideration to a political subdivision in connection with the
issuance of a zoning waiver related to new construction that allows
a multifamily residential or commercial structure to exceed height
or square footage limitations.
(d) A charter provision, ordinance, order, or other
regulation adopted by a political subdivision that conflicts with
this section is null and void.
SECTION 3. The change in law made by this Act does not apply
to an agreement relating to providing subsidized housing entered
into before the effective date of this Act.
SECTION 4. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1449 was passed by the House on May 3,
2017, by the following vote: Yeas 102, Nays 38, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1449 on May 20, 2017, by the following vote: Yeas 107, Nays 27,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1449 was passed by the Senate, with
amendments, on May 18, 2017, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor