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