| 1 | 1 | | 85R8196 SCL-F |
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| 2 | 2 | | By: Nelson S.B. No. 852 |
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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 prohibiting local governments from imposing certain |
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| 8 | 8 | | fees on new construction. |
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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. The legislature finds that: |
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| 11 | 11 | | (1) fees and exactions imposed by political |
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| 12 | 12 | | subdivisions to fund subsidized housing materially increase the |
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| 13 | 13 | | cost of housing construction and other forms of construction in the |
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| 14 | 14 | | state; and |
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| 15 | 15 | | (2) it is in the state's interest to incentivize |
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| 16 | 16 | | housing affordability for Texas residents by circumscribing |
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| 17 | 17 | | regulatory burdens imposed on the housing industry by political |
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| 18 | 18 | | subdivisions. |
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| 19 | 19 | | SECTION 2. Chapter 250, Local Government Code, is amended |
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| 20 | 20 | | by adding Section 250.008 to read as follows: |
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| 21 | 21 | | Sec. 250.008. LINKAGE FEES PROHIBITED. (a) A political |
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| 22 | 22 | | subdivision may not adopt or enforce an ordinance, order, policy, |
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| 23 | 23 | | or other measure that imposes, directly or indirectly, a fee or |
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| 24 | 24 | | other charge on new construction for the purposes of offsetting the |
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| 25 | 25 | | cost or rent of any unit of residential housing. |
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| 26 | 26 | | (b) Subsection (a) does not affect the authority of a |
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| 27 | 27 | | political subdivision to impose a fee for granting an exemption or |
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| 28 | 28 | | waiver from a zoning-related height restriction on a structure. |
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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, 2017. |
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