Bill Text: TX SB1510 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the apportionment of infrastructure costs in regard to certain property development projects.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB1510 Detail]
Download: Texas-2019-SB1510-Enrolled.html
| S.B. No. 1510 | ||
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| relating to the apportionment of infrastructure costs in regard to | ||
| certain property development projects. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 212.904(a), Local Government Code, is | ||
| amended to read as follows: | ||
| (a) If a municipality requires, including under an | ||
| agreement under Chapter 242, as a condition of approval for a | ||
| property development project that the developer bear a portion of | ||
| the costs of municipal infrastructure improvements by the making of | ||
| dedications, the payment of fees, or the payment of construction | ||
| costs, the developer's portion of the costs may not exceed the | ||
| amount required for infrastructure improvements that are roughly | ||
| proportionate to the proposed development as approved by a | ||
| professional engineer who holds a license issued under Chapter | ||
| 1001, Occupations Code, and is retained by the municipality. The | ||
| municipality's determination shall be completed within thirty days | ||
| following the submission of the developer's application for | ||
| determination under this subsection. | ||
| SECTION 2. Subchapter E, Chapter 232, Local Government | ||
| Code, is amended by adding Section 232.110 to read as follows: | ||
| Sec. 232.110. APPORTIONMENT OF COUNTY INFRASTRUCTURE | ||
| COSTS. (a) If, under any authority expressly authorized by this | ||
| chapter, a county requires, including under an agreement under | ||
| Chapter 242, as a condition of approval for a property development | ||
| project that the developer bear a portion of the costs of county | ||
| infrastructure improvements by the making of dedications, the | ||
| payment of fees, or the payment of construction costs, the | ||
| developer's portion of the costs may not exceed the amount required | ||
| for infrastructure improvements that are roughly proportionate to | ||
| the proposed development as approved by a professional engineer who | ||
| holds a license issued under Chapter 1001, Occupations Code, and is | ||
| retained by the county. The county's determination shall be | ||
| completed within thirty days following the submission of the | ||
| developer's application for determination under this subsection. | ||
| (b) A developer who disputes the determination made under | ||
| Subsection (a) may appeal to the commissioners court of the county. | ||
| At the appeal, the developer may present evidence and testimony | ||
| under procedures adopted by the commissioners court. After hearing | ||
| any testimony and reviewing the evidence, the commissioners court | ||
| shall make the applicable determination within 30 days following | ||
| the final submission of any testimony or evidence by the developer. | ||
| (c) A developer may appeal the determination of the | ||
| commissioners court to a county or district court of the county in | ||
| which the development project is located within 30 days of the final | ||
| determination by the commissioners court. | ||
| (d) A county may not require a developer to waive the right | ||
| of appeal authorized by this section as a condition of approval for | ||
| a development project. | ||
| (e) A developer who prevails in an appeal under this section | ||
| is entitled to applicable costs and to reasonable attorney's fees, | ||
| including expert witness fees. | ||
| (f) This section does not diminish the authority or modify | ||
| the procedures specified by Chapter 395. | ||
| (g) This section does not increase or expand, and shall not | ||
| be interpreted to increase or expand, the authority of a county to | ||
| regulate plats or subdivisions under this chapter. | ||
| SECTION 3. The change in law made by this Act applies to the | ||
| approval of a development project that is not finally adjudicated | ||
| 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, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1510 passed the Senate on | ||
| April 11, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 21, 2019, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1510 passed the House, with | ||
| amendment, on May 14, 2019, by the following vote: Yeas 138, | ||
| Nays 3, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
