| 1 | 1 | | 86R1095 JTS-D |
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| 2 | 2 | | By: Romero, Jr. H.B. No. 44 |
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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 a study by the Texas Department of Transportation on the |
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| 8 | 8 | | use of municipal impact fees for roadway facilities. |
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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. Subchapter B, Chapter 395, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 395.0115 to read as follows: |
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| 12 | 12 | | Sec. 395.0115. STUDY OF MUNICIPAL IMPACT FEES TO PAY FOR |
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| 13 | 13 | | ROADWAY FACILITIES. (a) The Texas Department of Transportation |
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| 14 | 14 | | shall conduct a study to determine the feasibility of using |
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| 15 | 15 | | municipal impact fees to pay for roadway facilities that are |
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| 16 | 16 | | necessary due to municipal development. |
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| 17 | 17 | | (b) In conducting the study, the Texas Department of |
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| 18 | 18 | | Transportation must consider: |
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| 19 | 19 | | (1) the roadway facility needs of municipalities; |
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| 20 | 20 | | (2) the amount of debt incurred by municipalities for |
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| 21 | 21 | | roadway facilities; |
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| 22 | 22 | | (3) the practicability of adopting impact fees for |
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| 23 | 23 | | roadway facilities in a municipality's roadway plan, considering |
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| 24 | 24 | | costs associated with fee imposition and collection; |
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| 25 | 25 | | (4) the potential and known effects of the imposition |
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| 26 | 26 | | and collection of impact fees on local transportation needs; |
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| 27 | 27 | | (5) the potential and known effects of the imposition |
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| 28 | 28 | | and collection of impact fees on the municipality's debt; and |
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| 29 | 29 | | (6) the practicability and potential effects of |
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| 30 | 30 | | remitting five percent of a municipality's impact fees to the |
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| 31 | 31 | | department for the construction and maintenance of state highways |
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| 32 | 32 | | attributable to development in the municipality. |
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| 33 | 33 | | (c) From the results of the study the Texas Department of |
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| 34 | 34 | | Transportation shall determine: |
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| 35 | 35 | | (1) the population threshold of a municipality for |
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| 36 | 36 | | which the imposition and collection of impact fees for roadway |
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| 37 | 37 | | facilities in the municipality's roadway plan is administratively |
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| 38 | 38 | | feasible; |
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| 39 | 39 | | (2) viable alternatives to municipal impact fees in |
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| 40 | 40 | | municipalities where the imposition and collection of impact fees |
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| 41 | 41 | | is not administratively feasible; and |
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| 42 | 42 | | (3) to what extent, if any, the adoption of impact fees |
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| 43 | 43 | | would alleviate the debt burden of municipalities. |
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| 44 | 44 | | (d) The Texas Department of Transportation shall provide |
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| 45 | 45 | | the results of the study and the determinations under Subsection |
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| 46 | 46 | | (c) to the members of the legislature not later than September 1, |
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| 47 | 47 | | 2020. |
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| 48 | 48 | | (e) This section expires September 1, 2021. |
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| 49 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2019. |
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