Texas 2025 - 89th Regular

Texas House Bill HB5199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15566 JBD-F
2	2	By: Zwiener H.B. No. 5199
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a municipality or county to enact and
10	10	impose an impact fee for a roadway facility or a safety improvement
11	11	to a roadway facility.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 212.004, Local Government Code, is
14	14	amended by amending Subsection (g) and adding Subsection (h) to
15	15	read as follows:
16	16	(g) Except as provided by Subsection (h), the [The]
17	17	governing body of a municipality or the municipal authority
18	18	responsible for approving plats may not require an analysis, study,
19	19	document, agreement, or similar requirement to be included in or as
20	20	part of an application for a plat, development permit, or
21	21	subdivision of land that is not explicitly allowed by state law.
22	22	(h) The governing body of a municipality or the municipal
23	23	authority responsible for approving plats may require a traffic
24	24	analysis be included as part of a plat application if the traffic
25	25	analysis is for the purpose of imposing an impact fee under Chapter
26	26	395.
27	27	SECTION 2. Section 212.103, Local Government Code, is
28	28	amended by adding Subsection (d) to read as follows:
29	29	(d) This section does not apply to an impact fee imposed by a
30	30	municipality under Chapter 395.
31	31	SECTION 3. Section 232.001, Local Government Code, is
32	32	amended by amending Subsection (h) and adding Subsection (i) to
33	33	read as follows:
34	34	(h) Except as provided by Subsection (i), the [The]
35	35	commissioners court or the county authority responsible for
36	36	approving plats may not require an analysis, study, document,
37	37	agreement, or similar requirement to be included in or as part of an
38	38	application for a plat, development permit, or subdivision of land
39	39	that is not explicitly required by state law.
40	40	(i) The commissioners court or the authority responsible
41	41	for approving plats may require a traffic analysis be included as
42	42	part of a plat application if the traffic analysis is for the
43	43	purpose of imposing an impact fee under Chapter 395.
44	44	SECTION 4. Section 395.001(7), Local Government Code, is
45	45	amended to read as follows:
46	46	(7) "Political subdivision" means:
47	47	(A) a municipality;
48	48	(B) [,] a district or authority created under
49	49	Article III, Section 52, or Article XVI, Section 59, of the Texas
50	50	Constitution; [,] or
51	51	(C) a county, but only for the purposes
52	52	authorized [set forth] by Section 395.079 or 395.0795 [, certain
53	53	counties described by that section].
54	54	SECTION 5. Section 395.011, Local Government Code, is
55	55	amended by amending Subsections (b) and (c) and adding Subsections
56	56	(b-1) and (d) to read as follows:
57	57	(b) Political subdivisions may enact or impose impact fees
58	58	on land within their corporate boundaries or extraterritorial
59	59	jurisdictions only by complying with this chapter, except that
60	60	impact fees may not be enacted or imposed by a political subdivision
61	61	described by Section 395.001(7)(B) in the extraterritorial
62	62	jurisdiction for roadway facilities.
63	63	(b-1) A municipality may only enact or impose an impact fee
64	64	for a roadway facility or safety improvement to a roadway facility
65	65	in the municipality's extraterritorial jurisdiction if:
66	66	(1) the roadway facility or safety improvement is for
67	67	a new development or new municipal utility district; and
68	68	(2) the impact fee is in proportion to the impact the
69	69	new development or district will have on the municipality.
70	70	(c) Except as provided by Subsections (b-1) and (d), a [A]
71	71	municipality may contract to provide capital improvements, except
72	72	roadway facilities, to an area outside its corporate boundaries and
73	73	extraterritorial jurisdiction and may charge an impact fee under
74	74	the contract, but if an impact fee is charged in that area, the
75	75	municipality must comply with this chapter.
76	76	(d) A municipality may contract to provide a roadway
77	77	facility in an area outside the corporate boundaries and
78	78	extraterritorial jurisdiction of the municipality to:
79	79	(1) a new development whose roadway facilities
80	80	directly connect with the roadway facilities of the municipality;
81	81	or
82	82	(2) a municipal utility district bordering the
83	83	extraterritorial jurisdiction of the municipality.
84	84	SECTION 6. Section 395.012, Local Government Code, is
85	85	amended by adding Subsection (f) to read as follows:
86	86	(f) A municipality may use funds collected from an impact
87	87	fee imposed under this subchapter to construct or install a safety
88	88	improvement to a roadway facility.
89	89	SECTION 7. Section 395.013, Local Government Code, is
90	90	amended to read as follows:
91	91	Sec. 395.013. ITEMS NOT PAYABLE BY FEE. (a) Impact fees
92	92	may not be adopted or used to pay for:
93	93	(1) construction, acquisition, or expansion of public
94	94	facilities or assets other than capital improvements or facility
95	95	expansions identified in the capital improvements plan;
96	96	(2) repair, operation, or maintenance of existing or
97	97	new capital improvements or facility expansions;
98	98	(3) upgrading, updating, expanding, or replacing
99	99	existing capital improvements to serve existing development in
100	100	order to meet stricter safety, efficiency, environmental, or
101	101	regulatory standards;
102	102	(4) upgrading, updating, expanding, or replacing
103	103	existing capital improvements to provide better service to existing
104	104	development;
105	105	(5) administrative and operating costs of the
106	106	political subdivision, except the Edwards Underground Water
107	107	District or a river authority that is authorized elsewhere by state
108	108	law to charge fees that function as impact fees may use impact fees
109	109	to pay its administrative and operating costs;
110	110	(6) principal payments and interest or other finance
111	111	charges on bonds or other indebtedness, except as allowed by
112	112	Section 395.012.
113	113	(b) Subsection (a)(2) does not apply to an impact fee
114	114	enacted or imposed by:
115	115	(1) a municipality for a roadway facility or safety
116	116	improvement to a roadway facility described by Section
117	117	395.011(b-1); or
118	118	(2) a county for a roadway facility or safety
119	119	improvement to a roadway facility described by Section 395.0795.
120	120	SECTION 8. Subchapter D, Chapter 395, Local Government
121	121	Code, is amended by adding Section 395.0795 to read as follows:
122	122	Sec. 395.0795. COUNTY IMPACT FEE FOR ROADWAY FACILITIES.
123	123	(a) A county that maintains and operates a roadway facility is
124	124	authorized to impose an impact fee for a roadway facility or safety
125	125	improvement to a roadway facility in the unincorporated area of the
126	126	county necessary to accommodate a new development or new municipal
127	127	utility district.
128	128	(b) An impact fee authorized by Subsection (a) may be
129	129	imposed on a new development or new municipal utility district at
130	130	the time the county approves a plat application for the development
131	131	or for a project located in the district as provided by Chapter 232.
132	132	(c) An impact fee authorized by Subsection (a) may be
133	133	imposed only to pay a cost authorized by Section 395.012 to
134	134	construct:
135	135	(1) a capital improvement necessary to accommodate the
136	136	impact that a new development or new municipal utility district
137	137	will have on the roadway facilities of the county;
138	138	(2) transportation infrastructure that meets the
139	139	standards of a capital improvement; or
140	140	(3) a safety improvement to a roadway facility if the
141	141	capital improvement plan of the county indicates a need for the
142	142	improvement.
143	143	(d) An impact fee authorized by Subsection (a) must be in
144	144	proportion to the impact a new development or new municipal utility
145	145	district will have on the county.
146	146	SECTION 9. The changes in law made by this Act apply only to
147	147	an impact fee imposed on or after the effective date of this Act. An
148	148	impact fee imposed before the effective date of this Act is governed
149	149	by the law in effect on the date the impact fee was imposed, and the
150	150	former law is continued in effect for that purpose.
151	151	SECTION 10. This Act takes effect September 1, 2025.