| 1 | 1 | | 89R10016 JBD-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 887 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a municipality to use funds collected |
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| 10 | 10 | | from an impact fee to construct or install a safety improvement to a |
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| 11 | 11 | | roadway facility. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 395.012, Local Government Code, is |
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| 14 | 14 | | amended by adding Subsection (f) to read as follows: |
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| 15 | 15 | | (f) Subject to Section 395.0121, a municipality may use |
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| 16 | 16 | | funds collected from an impact fee imposed under this subchapter to |
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| 17 | 17 | | construct or install a safety improvement to a roadway facility. |
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| 18 | 18 | | SECTION 2. Subchapter B, Chapter 395, Local Government |
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| 19 | 19 | | Code, is amended by adding Section 395.0121 to read as follows: |
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| 20 | 20 | | Sec. 395.0121. IMPACT FEE FOR SAFETY IMPROVEMENT TO ROADWAY |
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| 21 | 21 | | FACILITY. (a) A municipality may use funds collected from an |
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| 22 | 22 | | impact fee imposed under this subchapter to construct or install a |
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| 23 | 23 | | safety improvement to a roadway facility as authorized by Section |
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| 24 | 24 | | 395.012(f) only if the municipality complies with the requirements |
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| 25 | 25 | | of this section. |
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| 26 | 26 | | (b) A municipality may only use funds collected from an |
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| 27 | 27 | | impact fee to construct or install a safety improvement to a roadway |
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| 28 | 28 | | facility if: |
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| 29 | 29 | | (1) the municipality's capital improvement plan: |
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| 30 | 30 | | (A) does not indicate a need for additional |
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| 31 | 31 | | capacity on the facility; and |
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| 32 | 32 | | (B) identifies the need for the improvement; and |
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| 33 | 33 | | (2) a transportation study for a new development |
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| 34 | 34 | | indicates no need for additional capacity on the facility. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2025. |
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