86R1095 JTS-D
By: Romero, Jr. H.B. No. 44
A BILL TO BE ENTITLED
AN ACT
relating to a study by the Texas Department of Transportation on the
use of municipal impact fees for roadway facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 395, Local Government
Code, is amended by adding Section 395.0115 to read as follows:
Sec. 395.0115. STUDY OF MUNICIPAL IMPACT FEES TO PAY FOR
ROADWAY FACILITIES. (a) The Texas Department of Transportation
shall conduct a study to determine the feasibility of using
municipal impact fees to pay for roadway facilities that are
necessary due to municipal development.
(b) In conducting the study, the Texas Department of
Transportation must consider:
(1) the roadway facility needs of municipalities;
(2) the amount of debt incurred by municipalities for
roadway facilities;
(3) the practicability of adopting impact fees for
roadway facilities in a municipality's roadway plan, considering
costs associated with fee imposition and collection;
(4) the potential and known effects of the imposition
and collection of impact fees on local transportation needs;
(5) the potential and known effects of the imposition
and collection of impact fees on the municipality's debt; and
(6) the practicability and potential effects of
remitting five percent of a municipality's impact fees to the
department for the construction and maintenance of state highways
attributable to development in the municipality.
(c) From the results of the study the Texas Department of
Transportation shall determine:
(1) the population threshold of a municipality for
which the imposition and collection of impact fees for roadway
facilities in the municipality's roadway plan is administratively
feasible;
(2) viable alternatives to municipal impact fees in
municipalities where the imposition and collection of impact fees
is not administratively feasible; and
(3) to what extent, if any, the adoption of impact fees
would alleviate the debt burden of municipalities.
(d) The Texas Department of Transportation shall provide
the results of the study and the determinations under Subsection
(c) to the members of the legislature not later than September 1,
2020.
(e) This section expires September 1, 2021.
SECTION 2. 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, 2019.