Texas House Bill HB5199

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the authority of a municipality or county to enact and impose an impact fee for a roadway facility or a safety improvement to a roadway facility.

Impact

If enacted, HB 5199 will have a significant impact on how municipalities and counties manage and fund road infrastructure related to new developments. It provides a clear framework for local governments to charge impact fees that are proportional to the demands new developments place on roadway infrastructure, potentially enhancing transportation safety and efficiency. The local authorities will gain additional tools to finance necessary safety improvements, which is critical for managing the evolving needs of the community as new developments arise.

Summary

House Bill 5199 aims to grant municipalities and counties the authority to enact and impose impact fees specifically for roadway facilities and safety improvements. The bill seeks to amend several sections of the Local Government Code, allowing local governing bodies to require traffic analyses as part of the application process for plat approvals when intending to impose these fees. By establishing parameters around these impact fees, the bill addresses the growing need for funding to accommodate new developments while ensuring that infrastructure keeps pace with community growth.

Contention

The bill may be subject to debate regarding the delegation of financial responsibility for infrastructure to local governments, and whether imposing impact fees could burden developers and, by extension, homebuyers. Notably, some stakeholders may argue that such fees could hinder development or lead to increased housing costs. This points to potential conflict between local government interests in maintaining safety and operational efficiency and the private sector's desire for less regulatory burdens. Further discussions may revolve around how these fees are calculated and allocated, ensuring they are fair and transparent.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 212. Municipal Regulation Of Subdivisions And Property Development
  • Section: New Section

• Chapter 232. County Regulation Of Subdivisions
  • Section: 001

• Chapter 395. Financing Capital Improvements Required By New Development In Municipalities, Counties, And Certain Other Local Governments
  • Section: New Section
  • Section: 011
  • Section: 012
  • Section: 013