Texas 2019 - 86th Regular

Texas House Bill HB2839 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Muñoz, Jr. H.B. No. 2839
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the apportionment of infrastructure costs in regard to
7	7	certain property development projects.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 232, Local Government
10	10	Code, is amended by adding Section 232.012 to read as follows:
11	11	Sec. 232.012. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a)
12	12	If a county requires as a condition of approval for a property
13	13	development project that the developer bear a portion of the costs
14	14	of infrastructure improvements by the making of dedications, the
15	15	payment of fees, or the payment of construction costs, the
16	16	developer's portion of the costs may not exceed the amount required
17	17	for infrastructure improvements that are roughly proportionate to
18	18	the proposed development as approved by a professional engineer who
19	19	holds a license issued under Chapter 1001, Occupations Code, and is
20	20	retained by the county.
21	21	(b) A developer who disputes the determination made under
22	22	Subsection (a) may appeal to the commissioners court of the county.
23	23	At the appeal, the developer may present evidence and testimony
24	24	under procedures adopted by the commissioners court of the county.
25	25	After hearing any testimony and reviewing the evidence, the
26	26	commissioners court of the county shall make the applicable
27	27	determination within 30 days following the final submission of any
28	28	testimony or evidence by the developer.
29	29	(c) A developer may appeal the determination of the
30	30	commissioners court of the county to a county or district court of
31	31	the county in which the development project is located within 30
32	32	days of the final determination by the governing body.
33	33	(d) A county may not require a developer to waive the right
34	34	of appeal authorized by this section as a condition of approval for
35	35	a development project.
36	36	(e) A developer who prevails in an appeal under this section
37	37	is entitled to applicable costs and to reasonable attorney's fees,
38	38	including expert witness fees.
39	39	(f) This section does not diminish the authority or modify
40	40	the procedures specified by Chapter 395.
41	41	SECTION 2. Chapter 242, Local Government Code, is amended
42	42	by adding Section 242.004 to read as follows:
43	43	Sec. 242.004. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a)
44	44	If a municipality or a county, under a regulating agreement adopted
45	45	under this Chapter, requires as a condition of approval for a
46	46	property development project that the developer bear a portion of
47	47	the costs of infrastructure improvements by the making of
48	48	dedications, the payment of fees, or the payment of construction
49	49	costs, the developer's portion of the costs may not exceed
50	50	the
51	51	amount required for infrastructure improvements that are roughly
52	52	proportionate to the proposed development as approved by a
53	53	professional engineer who holds a license issued under Chapter
54	54	1001, Occupations Code, and is retained by the municipality or the
55	55	county.
56	56	(b) A developer who disputes the determination made under
57	57	Subsection (a) may appeal to the governing body of a municipality or
58	58	the commissioners court of the county. At the appeal, the developer
59	59	may present evidence and testimony under procedures adopted by the
60	60	governing body of a municipality or the commissioners court of the
61	61	county. After hearing any testimony and reviewing the evidence,
62	62	the governing body of a municipality or the commissioners court of
63	63	the county shall make the applicable determination within 30 days
64	64	following the final submission of any testimony or evidence by the
65	65	developer.
66	66	(c) A developer may appeal the determination of the
67	67	governing body of a municipality or the commissioners court of the
68	68	county to a county or district court of the county in which the
69	69	development project is located within 30 days of the final
70	70	determination by the governing body.
71	71	(d) A municipality or a county may not require a developer
72	72	to waive the right of appeal authorized by this section as a
73	73	condition of approval for a development project.
74	74	(e) A developer who prevails in an appeal under this section
75	75	is entitled to applicable costs and to reasonable attorney's fees,
76	76	including expert witness fees.
77	77	(f) This section does not diminish the authority or modify
78	78	the procedures specified by Chapter 395.
79	79	SECTION 3. Chapter 250, Local Government Code, is amended
80	80	by adding Section 250.009 to read as follows:
81	81	Sec. 250.009. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a)
82	82	If a municipality or a county requires as a condition of approval
83	83	for a property development project that the developer bear a
84	84	portion of the costs of infrastructure improvements by the making
85	85	of dedications, the payment of fees, or the payment of construction
86	86	costs, the developer's portion of the costs may not exceed the
87	87	amount required for infrastructure improvements that are roughly
88	88	proportionate to the proposed development as approved by a
89	89	professional engineer who holds a license issued under Chapter
90	90	1001, Occupations Code, and is retained by the municipality or the
91	91	county.
92	92	(b) A developer who disputes the determination made under
93	93	Subsection (a) may appeal to the governing body of a municipality or
94	94	the commissioners court of the county. At the appeal, the developer
95	95	may present evidence and testimony under procedures adopted by the
96	96	governing body of a municipality or the commissioners court of the
97	97	county. After hearing any testimony and reviewing the evidence,
98	98	the governing body of a municipality or the commissioners court of
99	99	the county shall make the applicable determination within 30 days
100	100	following the final submission of any testimony or evidence by the
101	101	developer.
102	102	(c) A developer may appeal the determination of the
103	103	governing body of a municipality or the commissioners court of the
104	104	county to a county or district court of the county in which the
105	105	development project is located within 30 days of the final
106	106	determination by the governing body.
107	107	(d) A municipality or a county may not require a developer
108	108	to waive the right of appeal authorized by this section as a
109	109	condition of approval for a development project.
110	110	(e) A developer who prevails in an appeal under this section
111	111	is entitled to applicable costs and to reasonable attorney's fees,
112	112	including expert witness fees.
113	113	(f) This section does not diminish the authority or modify
114	114	the procedures specified by Chapter 395.
115	115	SECTION 4. Subchapter C, Chapter 161, Utilities Code, is
116	116	amended by adding Section 161.126 to read as follows:
117	117	Sec. 161.126. APPORTIONMENT OF INFRASTRUCTURE COSTS. (a)
118	118	If an electric cooperative requires as a condition of approval for a
119	119	property development project that the developer bear a portion of
120	120	the costs of infrastructure improvements by the making of
121	121	dedications, the payment of fees, or the payment of construction
122	122	costs, the developer's portion of the costs may not exceed the
123	123	amount required for infrastructure improvements that are roughly
124	124	proportionate to the proposed development as approved by a
125	125	professional engineer who holds a license issued under Chapter
126	126	1001, Occupations Code, and is retained by the electric
127	127	cooperative.
128	128	(b) A developer who disputes the determination made under
129	129	Subsection (a) may appeal to the board. At the appeal, the
130	130	developer may present evidence and testimony under procedures
131	131	adopted by the board. After hearing any testimony and reviewing the
132	132	evidence, the board shall make the applicable determination within
133	133	30 days following the final submission of any testimony or evidence
134	134	by the developer.
135	135	(c) A developer may appeal the determination of the board to
136	136	a county or district court of the county in which the development
137	137	project is located within 30 days of the final determination by the
138	138	governing body.
139	139	(d) An electric cooperative may not require a developer to
140	140	waive the right of appeal authorized by this section as a condition
141	141	of approval for a development project.
142	142	(e) A developer who prevails in an appeal under this section
143	143	is entitled to applicable costs and to reasonable attorney's fees,
144	144	including expert witness fees.
145	145	SECTION 5. The change in law made by this Act applies to the
146	146	approval of a development project that is not finally adjudicated
147	147	before the effective date of this Act.
148	148	SECTION 6. This Act takes effect September 1, 2019.