Texas House Bill HB2839

Texas 2019 - 86th Regular

Caption

Relating to the apportionment of infrastructure costs in regard to certain property development projects.

Impact

This legislation directly impacts local governments by establishing parameters for how infrastructure costs can be allocated among developers. It requires that any infrastructure cost sharing be proportionate to the project's scale as determined by a qualified engineer. Furthermore, the bill protects developers by ensuring that they cannot be forced to waive their rights to appeal these determinations as a condition for project approval, which may increase transparency and fairness in municipal decisions regarding development costs.

Summary

House Bill 2839 aims to establish clearer guidelines for the apportionment of infrastructure costs associated with property development projects. The bill stipulates that if a county or municipality requires a developer to bear certain construction costs as a condition for project approval, the developer's financial obligation must align with the infrastructure improvements proportional to the development's scope. These determinations must be made by a licensed professional engineer retained by the county or municipality, ensuring that costs are fairly assessed based on the development's demands.

Notables

HB 2839 is positioned as a response to growing concerns among developers about the unpredictability associated with infrastructure cost assessments. By formalizing the processes and requiring professional oversight, the bill seeks to foster a more balanced relationship between developers and local governing bodies. However, this also raises discussions about the implications for local governance and the potential challenges in implementing these new regulatory standards.

Contention

An important aspect of HB 2839 is the appeal process it mandates for developers who may dispute the assessment of costs. Developers have the right to contest any decisions made at the municipal or county level through a structured appeal to the governing body or commissioners' court, and potentially further to a county or district court. This provision could lead to contention regarding how local governments exercise their regulatory discretion, as municipalities may feel that stringent cost apportionment rules could limit their financial leverage in negotiating development agreements.