85R8196 SCL-F
By: Nelson S.B. No. 852
A BILL TO BE ENTITLED
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 an ordinance, order, policy,
or other measure that imposes, directly or indirectly, a fee or
other charge on new construction for the purposes of offsetting the
cost or rent of any unit of residential housing.
(b) Subsection (a) does not affect the authority of a
political subdivision to impose a fee for granting an exemption or
waiver from a zoning-related height restriction on a structure.
SECTION 3. 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.