Texas 2025 - 89th Regular

Texas House Bill HB4582 Compare Versions

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Version 2 (New)

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1	1		By: Bell of Kaufman H.B. No. 4582
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to reimbursement of infrastructure costs incurred by a
7	9		developer of certain housing developments by certain
8	10		municipalities and counties.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle C, Title 12, Local Government Code, is
11	13		amended by adding Chapter 396 to read as follows:
12	14		CHAPTER 396. ATTAINABLE HOUSING DEVELOPMENT INFRASTRUCTURE FOR
13	15		CERTAIN MUNICIPALITIES AND COUNTIES
14	16		Sec. 396.001. DEFINITIONS. In this chapter:
15	17		(1) "Attainable housing development" means a
16	18		residential development consisting of at least seven acres that is
17	19		developed or renovated to provide at least 50 single-family offsite
18	20		residences.
19	21		(2) "Infrastructure" means:
20	22		(A) a facility for water, wastewater,
21	23		electricity, or another utility; and
22	24		(B) a street, road, highway, or bridge.
23	25		(3) "Single-family offsite residence" means a housing
24	26		unit governed by Chapter 1201, Occupations Code.
25	27		Sec. 396.002. APPLICABILITY OF CHAPTER. This chapter
26	28		applies only to:
27	29		(1) a county with a population greater than 2.5
28	30		million but less than 4 million;
29	31		(2) a county with a population greater than 190,000
30	32		that is adjacent to a county described by Subdivision (1); and
31	33		(3) a municipality wholly or partly located in a
32	34		county described by Subdivision (1) or (2).
33	35		Sec. 396.003. ELIGIBILITY FOR INFRASTRUCTURE COST
34	36		REIMBURSEMENT. (a) A developer is eligible for reimbursement
35	37		under this chapter for a cost incurred to build infrastructure
36	38		related to an attainable housing development if:
37	39		(1) the developer directly or indirectly incurred the
38	40		cost of building or financing the construction, maintenance, or
39	41		renovation of the infrastructure or connection of the
40	42		infrastructure to the development;
41	43		(2) a municipality or county would have built or
42	44		financed the infrastructure had the infrastructure not been built
43	45		by the developer;
44	46		(3) at least 80 percent of the lots in the development
45	47		accommodate a single-family offsite residence that is at least
46	48		1,000 square feet in area;
47	49		(4) the development is connected to:
48	50		(A) a public water system; and
49	51		(B) a sewer system as defined by Section 26.001,
50	52		Water Code;
51	53		(5) the development is governed by a property owners'
52	54		association agreement or land lease agreement that includes
53	55		restrictive covenants relating to the maintenance of the common
54	56		areas and grounds of the development and enforcement of community
55	57		regulations;
56	58		(6) the developer offers units in the development to
57	59		veterans or active duty members of the military, first responders,
58	60		or employees of a school district; and
59	61		(7) the developer complies with Federal Housing
60	62		Administration tenant site lease protections required by:
61	63		(A) a municipality in which the development is
62	64		wholly or partly located; and
63	65		(B) a county in which the development is located
64	66		if the development is wholly or partly located in the
65	67		unincorporated area of the county.
66	68		(b) Costs that may be reimbursed under this chapter include:
67	69		(1) financing costs;
68	70		(2) installation, maintenance, or renovation costs;
69	71		and
70	72		(3) costs to connect to existing infrastructure.
71	73		Sec. 396.004. NOTICE OF REIMBURSEMENT. (a) A developer
72	74		eligible under Section 396.003 must provide written notice of
73	75		reimbursement under this chapter to:
74	76		(1) a municipality in which the development is wholly
75	77		or partly located; and
76	78		(2) a county in which the development is located if the
77	79		development is wholly or partly located in the unincorporated area
78	80		of the county.
79	81		(b) The notice must include:
80	82		(1) an itemized list of the infrastructure costs
81	83		described by Section 396.003 incurred by the developer; and
82	84		(2) proof of payment for each infrastructure cost
83	85		incurred by the developer.
84	86		Sec. 396.005. REIMBURSEMENT OF INFRASTRUCTURE COSTS. (a)
85	87		A municipality or county receiving notice under Section 396.004
86	88		from a developer eligible under Section 396.003 shall reimburse the
87	89		developer's infrastructure costs described by Section 396.003 in
88	90		accordance with this section.
89	91		(b) The amount of reimbursement paid to a developer under
90	92		this chapter in a tax year may not exceed the amount of property
91	93		taxes assessed by the municipality or county and paid by the
92	94		developer for that tax year on the property on which the attainable
93	95		housing development for which the developer seeks reimbursement is
94	96		located. A county's liability for reimbursement under this chapter
95	97		is limited to the property taxes assessed by the county on and paid
96	98		by the developer for the property located in the unincorporated
97	99		area of the county.
98	100		(c) A developer eligible under Section 396.003 is entitled
99	101		to reimbursement under this chapter until the earlier of:
100	102		(1) the date on which the total reimbursement paid by a
101	103		municipality or county under this chapter is equal to the total
102	104		infrastructure costs described by Section 396.003 incurred by the
103	105		developer for the attainable housing development; or
104	106		(2) the 10th anniversary of the date the developer
105	107		first receives a reimbursement payment under this chapter.
106	108		(d) A municipality or county that receives notice under
107	109		Section 396.004 shall pay the initial reimbursement payment not
108	110		later than the 90th day after the date the municipality or county
109	111		receives the notice.
110	112		Sec. 396.006. ANNUAL REPORT OF REIMBURSABLE COSTS. A
111	113		developer that provided notice under Section 396.004 shall submit
112	114		an annual report to the municipality or county from which the
113	115		developer receives reimbursement that includes:
114	116		(1) an itemized list of the infrastructure costs
115	117		incurred by the developer during that year; and
116	118		(2) proof of payment for each infrastructure cost
117	119		incurred by the developer during that year.
118	120		SECTION 2. The changes in law made by this Act apply only to
119	121		an attainable housing development project initiated on or after the
120	122		effective date of this Act.
121	123		SECTION 3. This Act takes effect September 1, 2025.