Texas 2023 - 88th Regular

Texas House Bill HB3492 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3492
2	2
3	3
4	4	AN ACT
5	5	relating to county and municipal authority to impose certain
6	6	value-based fees and require disclosure of certain information
7	7	related to subdivision construction.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter Z, Chapter 212, Local Government
10	10	Code, is amended by adding Section 212.906 to read as follows:
11	11	Sec. 212.906. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF
12	12	CERTAIN INFORMATION PROHIBITED. (a) This section applies only to
13	13	an application, review, engineering, inspection, acceptance,
14	14	administrative, or other fee imposed by a municipality related to
15	15	the acceptance, review, or processing of engineering or
16	16	construction plans or for the inspection of improvements for
17	17	construction of a subdivision or lot or a related improvement
18	18	associated with or required in conjunction with that construction.
19	19	(b) A municipality may not consider the cost of constructing
20	20	or improving the public infrastructure for a subdivision, lot, or
21	21	related property development in determining the amount of a fee
22	22	subject to this section. The municipality shall determine the fee
23	23	by considering the municipality's actual cost to, as applicable,
24	24	review and process the engineering or construction plan or to
25	25	inspect the public infrastructure improvement.
26	26	(c) In determining the municipality's actual cost for
27	27	reviewing and processing an engineering or construction plan or
28	28	inspecting a public infrastructure improvement under Subsection
29	29	(b), a municipality may consider:
30	30	(1) the fee that would be charged by a qualified,
31	31	independent third-party entity for those services;
32	32	(2) the hourly rate for the estimated actual direct
33	33	time of the municipality's employees performing those services; or
34	34	(3) the actual costs assessed to the municipality by a
35	35	third-party entity that provides those services to the
36	36	municipality.
37	37	(d) A municipality may not require the disclosure of
38	38	information related to the value of or cost of constructing or
39	39	improving a residential dwelling or the public infrastructure
40	40	improvements for a subdivision, lot, or related property
41	41	development as a condition of obtaining approval for subdivision
42	42	construction or for the acceptance of those public infrastructure
43	43	improvements except as required by the Federal Emergency Management
44	44	Agency for participation in the National Flood Insurance Program.
45	45	(e) A municipality that imposes a fee for reviewing or
46	46	processing an engineering or construction plan or inspecting a
47	47	public infrastructure improvement shall annually publish the fee
48	48	and the hourly rate and estimated direct time incurred by municipal
49	49	employees for a fee calculated under Subsection (c)(2). The
50	50	municipality must publish the information:
51	51	(1) on the municipality's Internet website; or
52	52	(2) if the municipality does not maintain an Internet
53	53	website, in a newspaper of general circulation in the county in
54	54	which the municipality is primarily located.
55	55	SECTION 2. Chapter 232, Local Government Code, is amended
56	56	by adding Subchapter Z to read as follows:
57	57	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
58	58	Sec. 232.901. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF
59	59	CERTAIN INFORMATION PROHIBITED. (a) This section applies only to
60	60	an application, review, engineering, inspection, acceptance,
61	61	administrative, or other fee imposed by a county related to the
62	62	acceptance, review, or processing of engineering or construction
63	63	plans or for the inspection of improvements for construction in a
64	64	subdivision or a related improvement associated with or required in
65	65	conjunction with that construction.
66	66	(b) A county may not consider the cost of constructing or
67	67	improving the public infrastructure for a subdivision, lot, or
68	68	related property development in determining the amount of a fee
69	69	subject to this section. The county shall determine the fee by
70	70	considering the county's actual cost to, as applicable, review and
71	71	process the engineering or construction plan or to inspect the
72	72	public infrastructure improvement.
73	73	(c) In determining the county's actual cost for reviewing
74	74	and processing an engineering or construction plan or inspecting a
75	75	public infrastructure improvement under Subsection (b), a county
76	76	may consider:
77	77	(1) the fee that would be charged by a qualified,
78	78	independent third-party entity for those services;
79	79	(2) the hourly rate for the estimated actual direct
80	80	time of the county's employees performing those services; or
81	81	(3) the actual costs assessed to the county by a
82	82	third-party entity that provides those services to the county.
83	83	(d) A county may not require the disclosure of information
84	84	related to the value of or cost of constructing or improving a
85	85	residential dwelling or the public infrastructure improvements for
86	86	a subdivision, lot, or related property development as a condition
87	87	of obtaining approval for subdivision construction or for the
88	88	acceptance of those public infrastructure improvements except as
89	89	required by the Federal Emergency Management Agency for
90	90	participation in the National Flood Insurance Program.
91	91	(e) A county that imposes a fee for reviewing or processing
92	92	an engineering or construction plan or inspecting a public
93	93	infrastructure improvement shall annually publish the fee and the
94	94	hourly rate and estimated direct time incurred by county employees
95	95	for a fee calculated under Subsection (c)(2). The county must
96	96	publish the information:
97	97	(1) on the county's Internet website; or
98	98	(2) if the county does not maintain an Internet
99	99	website, in a newspaper of general circulation in the county.
100	100	SECTION 3. The changes in law made by this Act apply only to
101	101	a fee subject to Section 212.906 or 232.901, Local Government Code,
102	102	as added by this Act, assessed by a county or municipality on or
103	103	after the effective date of this Act.
104	104	SECTION 4. This Act takes effect September 1, 2023.
105	105	______________________________ ______________________________
106	106	President of the Senate Speaker of the House
107	107	I certify that H.B. No. 3492 was passed by the House on May 2,
108	108	2023, by the following vote: Yeas 142, Nays 3, 1 present, not
109	109	voting.
110	110	______________________________
111	111	Chief Clerk of the House
112	112	I certify that H.B. No. 3492 was passed by the Senate on May
113	113	19, 2023, by the following vote: Yeas 23, Nays 8.
114	114	______________________________
115	115	Secretary of the Senate
116	116	APPROVED: _____________________
117	117	Date
118	118	_____________________
119	119	Governor