Bill Text: TX HB1449 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to prohibiting local governments from imposing certain fees on new construction.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Passed) 2017-05-29 - Effective immediately [HB1449 Detail]
Download: Texas-2017-HB1449-Enrolled.html
| H.B. No. 1449 | ||
|
|
||
| relating to prohibiting local governments from imposing certain | ||
| fees on new construction. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The legislature finds that: | ||
| (1) fees and exactions imposed by political | ||
| subdivisions to fund subsidized housing materially increase the | ||
| cost of housing construction and other forms of construction in the | ||
| state; and | ||
| (2) it is in the state's interest to incentivize | ||
| housing affordability for Texas residents by circumscribing | ||
| regulatory burdens imposed on the housing industry by political | ||
| subdivisions. | ||
| SECTION 2. Chapter 250, Local Government Code, is amended | ||
| by adding Section 250.008 to read as follows: | ||
| Sec. 250.008. LINKAGE FEES PROHIBITED. (a) A political | ||
| subdivision may not adopt or enforce a charter provision, | ||
| ordinance, order, or other regulation that imposes, directly or | ||
| indirectly, a fee on new construction for the purposes of | ||
| offsetting the cost or rent of any unit of residential housing. | ||
| (b) For purposes of this section: | ||
| (1) a fee is imposed indirectly on new construction if | ||
| a charter provision, ordinance, order, or other regulation allows | ||
| acceptance by the political subdivision of a fee on new | ||
| construction; and | ||
| (2) new construction includes zoning, subdivisions, | ||
| site plans, and building permits associated with new construction. | ||
| (c) This section does not apply to: | ||
| (1) an affordable housing and property tax abatement | ||
| program: | ||
| (A) adopted under Chapter 378 or Chapter 312, Tax | ||
| Code, by a municipality with a population of more than 700,000; and | ||
| (B) for which eligibility is maintained as | ||
| required under Chapter 312, Tax Code, as applicable; or | ||
| (2) an ordinance, order, or other similar measure that | ||
| permits the voluntary payment of a fee in lieu of other | ||
| consideration to a political subdivision in connection with the | ||
| issuance of a zoning waiver related to new construction that allows | ||
| a multifamily residential or commercial structure to exceed height | ||
| or square footage limitations. | ||
| (d) A charter provision, ordinance, order, or other | ||
| regulation adopted by a political subdivision that conflicts with | ||
| this section is null and void. | ||
| SECTION 3. The change in law made by this Act does not apply | ||
| to an agreement relating to providing subsidized housing entered | ||
| into before the effective date of this Act. | ||
| SECTION 4. 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, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1449 was passed by the House on May 3, | ||
| 2017, by the following vote: Yeas 102, Nays 38, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1449 on May 20, 2017, by the following vote: Yeas 107, Nays 27, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1449 was passed by the Senate, with | ||
| amendments, on May 18, 2017, by the following vote: Yeas 27, Nays | ||
| 4. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
