Texas Senate Bill SB887

Texas 2025 - 89th Regular

• Filed: 1/23/25

Caption

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.

Impact

The bill affects the Local Government Code by adding new provisions that stipulate additional criteria for municipalities wanting to use impact fees for safety improvements. It requires that the municipality's capital improvement plan does not indicate a need for additional capacity on the roadway in question, ensuring that the focus remains on safety upgrades rather than expansion. Furthermore, it necessitates a transportation study for any new developments to confirm that there is no demand for increased capacity on the existing roadway, helping to rationalize the use of funds in a targeted manner.

Summary

Senate Bill 887 seeks to modify the existing framework regarding the use of impact fees by municipalities in Texas. Specifically, it allows municipalities to utilize collected impact fees for the construction or installation of safety improvements to roadway facilities. Prior to this bill, there were limitations on how municipalities could allocate such funds, primarily focusing on capacity expansion rather than safety enhancements. This proposed change aims to improve roadway safety, which has been an increasing concern as urban populations grow and traffic conditions evolve.

Contention

While proponents of SB887 argue that enhancing safety measures on existing roadways is crucial, particularly in areas with increasing traffic, some opponents may raise concerns about the implications for future roadway capacity planning. They might question whether the bill could inadvertently constrain the development of existing infrastructures by prioritizing safety over capacity, especially in dense urban environments experiencing rapid growth. Additionally, there could be discussions around the adequacy of impact fees and whether they sufficiently cover the costs associated with the safety improvements outlined in the bill.

Texas Constitutional Statutes Affected

Local Government Code

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