Texas 2019 - 86th Regular

Texas Senate Bill SB1510 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1510
	1	+	By: Schwertner S.B. No. 1510
	2	+	(Muñoz, Jr.)
	3	+	Substitute the following for S.B. No. 1510: No.
2	4
3	5
	6	+	A BILL TO BE ENTITLED
4	7		AN ACT
5	8		relating to the apportionment of infrastructure costs in regard to
6	9		certain property development projects.
7	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	11		SECTION 1. Section 212.904(a), Local Government Code, is
9	12		amended to read as follows:
10	13		(a) If a municipality requires, including under an
11	14		agreement under Chapter 242, as a condition of approval for a
12	15		property development project that the developer bear a portion of
13	16		the costs of municipal infrastructure improvements by the making of
14	17		dedications, the payment of fees, or the payment of construction
15	18		costs, the developer's portion of the costs may not exceed the
16	19		amount required for infrastructure improvements that are roughly
17	20		proportionate to the proposed development as approved by a
18	21		professional engineer who holds a license issued under Chapter
19	22		1001, Occupations Code, and is retained by the municipality. The
20	23		municipality's determination shall be completed within thirty days
21	24		following the submission of the developer's application for
22	25		determination under this subsection.
23	26		SECTION 2. Subchapter E, Chapter 232, Local Government
24	27		Code, is amended by adding Section 232.110 to read as follows:
25	28		Sec. 232.110. APPORTIONMENT OF COUNTY INFRASTRUCTURE
26		-	COSTS. (a) If, under any authority expressly authorized by this
	29	+	COSTS. (a)
	30	+	If, under any authority expressly authorized by this
27	31		chapter, a county requires, including under an agreement under
28	32		Chapter 242, as a condition of approval for a property development
29	33		project that the developer bear a portion of the costs of county
30	34		infrastructure improvements by the making of dedications, the
31	35		payment of fees, or the payment of construction costs, the
32	36		developer's portion of the costs may not exceed the amount required
33	37		for infrastructure improvements that are roughly proportionate to
34	38		the proposed development as approved by a professional engineer who
35	39		holds a license issued under Chapter 1001, Occupations Code, and is
36	40		retained by the county. The county's determination shall be
37	41		completed within thirty days following the submission of the
38	42		developer's application for determination under this subsection.
39	43		(b) A developer who disputes the determination made under
40	44		Subsection (a) may appeal to the commissioners court of the county.
41	45		At the appeal, the developer may present evidence and testimony
42	46		under procedures adopted by the commissioners court. After hearing
43	47		any testimony and reviewing the evidence, the commissioners court
44	48		shall make the applicable determination within 30 days following
45	49		the final submission of any testimony or evidence by the developer.
46	50		(c) A developer may appeal the determination of the
47	51		commissioners court to a county or district court of the county in
48	52		which the development project is located within 30 days of the final
49	53		determination by the commissioners court.
50	54		(d) A county may not require a developer to waive the right
51	55		of appeal authorized by this section as a condition of approval for
52	56		a development project.
53	57		(e) A developer who prevails in an appeal under this section
54	58		is entitled to applicable costs and to reasonable attorney's fees,
55	59		including expert witness fees.
56	60		(f) This section does not diminish the authority or modify
57	61		the procedures specified by Chapter 395.
58	62		(g) This section does not increase or expand, and shall not
59	63		be interpreted to increase or expand, the authority of a county to
60	64		regulate plats or subdivisions under this chapter.
61	65		SECTION 3. The change in law made by this Act applies to the
62	66		approval of a development project that is not finally adjudicated
63	67		before the effective date of this Act.
64	68		SECTION 4. This Act takes effect immediately if it receives
65	69		a vote of two-thirds of all the members elected to each house, as
66	70		provided by Section 39, Article III, Texas Constitution. If this
67	71		Act does not receive the vote necessary for immediate effect, this
68	72		Act takes effect September 1, 2019.
69		-	______________________________ ______________________________
70		-	President of the Senate Speaker of the House
71		-	I hereby certify that S.B. No. 1510 passed the Senate on
72		-	April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
73		-	the Senate concurred in House amendment on May 21, 2019, by the
74		-	following vote: Yeas 31, Nays 0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	I hereby certify that S.B. No. 1510 passed the House, with
78		-	amendment, on May 14, 2019, by the following vote: Yeas 138,
79		-	Nays 3, two present not voting.
80		-	______________________________
81		-	Chief Clerk of the House
82		-	Approved:
83		-	______________________________
84		-	Date
85		-	______________________________
86		-	Governor