HB5199 - 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.

  89R15566 JBD-F     By: Zwiener H.B. No. 5199       A BILL TO BE ENTITLED   AN ACT   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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 212.004, Local Government Code, is   amended by amending Subsection (g) and adding Subsection (h) to   read as follows:          (g)   Except as provided by Subsection (h), the [ The ]   governing body of a municipality or the municipal authority   responsible for approving plats may not require an analysis, study,   document, agreement, or similar requirement to be included in or as   part of an application for a plat, development permit, or   subdivision of land that is not explicitly allowed by state law.           (h)     The governing body of a municipality or the municipal   authority responsible for approving plats may require a traffic   analysis be included as part of a plat application if the traffic   analysis is for the purpose of imposing an impact fee under Chapter   395.          SECTION 2.  Section 212.103, Local Government Code, is   amended by adding Subsection (d) to read as follows:           (d)     This section does not apply to an impact fee imposed by a   municipality under Chapter 395.          SECTION 3.  Section 232.001, Local Government Code, is   amended by amending Subsection (h) and adding Subsection (i) to   read as follows:          (h)   Except as provided by Subsection (i), the  [ The ]   commissioners court or the county authority responsible for   approving plats may not require an analysis, study, document,   agreement, or similar requirement to be included in or as part of an   application for a plat, development permit, or subdivision of land   that is not explicitly required by state law.           (i)     The commissioners court or the authority responsible   for approving plats may require a traffic analysis be included as   part of a plat application if the traffic analysis is for the   purpose of imposing an impact fee under Chapter 395.          SECTION 4.  Section 395.001(7), Local Government Code, is   amended to read as follows:                (7)  "Political subdivision" means :                       (A)   a municipality ;                       (B)   [ , ] a district or authority created under   Article III, Section 52, or Article XVI, Section 59, of the Texas   Constitution ; [ , ] or                       (C)  a county , but only for the purposes   authorized [ set forth ] by Section 395.079 or 395.0795 [ , certain   counties described by that section ].          SECTION 5.  Section 395.011, Local Government Code, is   amended by amending Subsections (b) and (c) and adding Subsections   (b-1) and (d) to read as follows:          (b)  Political subdivisions may enact or impose impact fees   on land within their corporate boundaries or extraterritorial   jurisdictions only by complying with this chapter, except that   impact fees may not be enacted or imposed by a political subdivision   described by Section 395.001(7)(B) in the extraterritorial   jurisdiction for roadway facilities.           (b-1)     A municipality may only enact or impose an impact fee   for a roadway facility or safety improvement to a roadway facility   in the municipality's extraterritorial jurisdiction if:                 (1)     the roadway facility or safety improvement is for   a new development or new municipal utility district; and                 (2)     the impact fee is in proportion to the impact the   new development or district will have on the municipality.          (c)   Except as provided by Subsections (b-1) and (d), a [ A ]   municipality may contract to provide capital improvements, except   roadway facilities, to an area outside its corporate boundaries and   extraterritorial jurisdiction and may charge an impact fee under   the contract, but if an impact fee is charged in that area, the   municipality must comply with this chapter.           (d)     A municipality may contract to provide a roadway   facility in an area outside the corporate boundaries and   extraterritorial jurisdiction of the municipality to:                 (1)     a new development whose roadway facilities   directly connect with the roadway facilities of the municipality;   or                 (2)     a municipal utility district bordering the   extraterritorial jurisdiction of the municipality.          SECTION 6.  Section 395.012, Local Government Code, is   amended by adding Subsection (f) to read as follows:           (f)     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 7.  Section 395.013, Local Government Code, is   amended to read as follows:          Sec. 395.013.  ITEMS NOT PAYABLE BY FEE. (a)  Impact fees   may not be adopted or used to pay for:                (1)  construction, acquisition, or expansion of public   facilities or assets other than capital improvements or facility   expansions identified in the capital improvements plan;                (2)  repair, operation, or maintenance of existing or   new capital improvements or facility expansions;                (3)  upgrading, updating, expanding, or replacing   existing capital improvements to serve existing development in   order to meet stricter safety, efficiency, environmental, or   regulatory standards;                (4)  upgrading, updating, expanding, or replacing   existing capital improvements to provide better service to existing   development;                (5)  administrative and operating costs of the   political subdivision, except the Edwards Underground Water   District or a river authority that is authorized elsewhere by state   law to charge fees that function as impact fees may use impact fees   to pay its administrative and operating costs;                (6)  principal payments and interest or other finance   charges on bonds or other indebtedness, except as allowed by   Section 395.012.           (b)     Subsection (a)(2) does not apply to an impact fee   enacted or imposed by:                 (1)     a municipality for a roadway facility or safety   improvement to a roadway facility described by Section   395.011(b-1); or                 (2)     a county for a roadway facility or safety   improvement to a roadway facility described by Section 395.0795.          SECTION 8.  Subchapter D, Chapter 395, Local Government   Code, is amended by adding Section 395.0795 to read as follows:           Sec.   395.0795.     COUNTY IMPACT FEE FOR ROADWAY FACILITIES.   (a)   A county that maintains and operates a roadway facility is   authorized to impose an impact fee for a roadway facility or safety   improvement to a roadway facility in the unincorporated area of the   county necessary to accommodate a new development or new municipal   utility district.           (b)     An impact fee authorized by Subsection (a) may be   imposed on a new development or new municipal utility district at   the time the county approves a plat application for the development   or for a project located in the district as provided by Chapter 232.           (c)     An impact fee authorized by Subsection (a) may be   imposed only to pay a cost authorized by Section 395.012 to   construct:                 (1)     a capital improvement necessary to accommodate the   impact that a new development or new municipal utility district   will have on the roadway facilities of the county;                 (2)     transportation infrastructure that meets the   standards of a capital improvement; or                 (3)     a safety improvement to a roadway facility if the   capital improvement plan of the county indicates a need for the   improvement.           (d)     An impact fee authorized by Subsection (a) must be in   proportion to the impact a new development or new municipal utility   district will have on the county.          SECTION 9.  The changes in law made by this Act apply only to   an impact fee imposed on or after the effective date of this Act. An   impact fee imposed before the effective date of this Act is governed   by the law in effect on the date the impact fee was imposed, and the   former law is continued in effect for that purpose.          SECTION 10.  This Act takes effect September 1, 2025.