reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 395.058 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter C. Procedures for Adoption of Impact Fee|Section 395.058. Advisory Committee

Sec. 395.058.  ADVISORY COMMITTEE.  (a)  On or before the date on which the order, ordinance, or resolution is adopted under Section 395.042, the political subdivision shall appoint a capital improvements advisory committee.(b)  The advisory committee is composed of not less than five members who shall be appointed by a majority vote of the governing body of the political subdivision.  Not less than 40 percent of the membership of the advisory committee must be representatives of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity.  If the political subdivision has a planning and zoning commission, the commission may act as the advisory committee if the commission includes at least one representative of the real estate, development, or building industry who is not an employee or official of a political subdivision or governmental entity.  If no such representative is a member of the planning and zoning commission, the commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee.  If the impact fee is to be applied in the extraterritorial jurisdiction of the political subdivision, the membership must include a representative from that area.(c)  The advisory committee serves in an advisory capacity and is established to:(1)  advise and assist the political subdivision in adopting land use assumptions;(2)  review the capital improvements plan and file written comments;(3)  monitor and evaluate implementation of the capital improvements plan;(4)  file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and(5)  advise the political subdivision of the need to update or revise the land use assumptions, capital improvements plan, and impact fee.(d)  The political subdivision shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan.(e)  The governing body of the political subdivision shall adopt procedural rules for the advisory committee to follow in carrying out its duties.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.071 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.071. Duties to Be Performed Within Time Limits

Sec. 395.071.  DUTIES TO BE PERFORMED WITHIN TIME LIMITS.  If the governing body of the political subdivision does not perform a duty imposed under this chapter within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request to the governing body of the political subdivision stating the nature of the unperformed duty and requesting that it be performed within 60 days after the date of the request.  If the governing body of the political subdivision finds that the duty is required under this chapter and is late in being performed, it shall cause the duty to commence within 60 days after the date of the request and continue until completion.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.072 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.072. Records of Hearings

Sec. 395.072.  RECORDS OF HEARINGS.  A record must be made of any public hearing provided for by this chapter.  The record shall be maintained and be made available for public inspection by the political subdivision for at least 10 years after the date of the hearing.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.073 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.073. Cumulative Effect of State and Local Restrictions

Sec. 395.073.  CUMULATIVE EFFECT OF STATE AND LOCAL RESTRICTIONS.  Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision where an impact fee is proposed are cumulative with the restrictions in this chapter.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.074 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.074. Prior Impact Fees Replaced by Fees Under This Chapter

Sec. 395.074.  PRIOR IMPACT FEES REPLACED BY FEES UNDER THIS CHAPTER.  An impact fee that is in place on June 20, 1987, must be replaced by an impact fee made under this chapter on or before June 20, 1990.  However, any political subdivision having an impact fee that has not been replaced under this chapter on or before June 20, 1988, is liable to any party who, after June 20, 1988, pays an impact fee that exceeds the maximum permitted under Subchapter B by more than 10 percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorney's fees and court costs.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.075 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.075. No Effect on Taxes or Other Charges

Sec. 395.075.  NO EFFECT ON TAXES OR OTHER CHARGES.  This chapter does not prohibit, affect, or regulate any tax, fee, charge, or assessment specifically authorized by state law.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.076 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.076. Moratorium on Development Prohibited

Sec. 395.076.  MORATORIUM ON DEVELOPMENT PROHIBITED.  A moratorium may not be placed on new development for the purpose of awaiting the completion of all or any part of the process necessary to develop, adopt, or update land use assumptions, a capital improvements plan, or an impact fee.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 441, Sec. 2, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.077 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.077. Appeals

Sec. 395.077.  APPEALS.  (a)  A person who has exhausted all administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this chapter.(b)  A suit to contest an impact fee must be filed within 90 days after the date of adoption of the ordinance, order, or resolution establishing the impact fee.(c)  Except for roadway facilities, a person who has paid an impact fee or an owner of property on which an impact fee has been paid is entitled to specific performance of the services by the political subdivision for which the fee was paid.(d)  This section does not require construction of a specific facility to provide the services.(e)  Any suit must be filed in the county in which the major part of the land area of the political subdivision is located.  A successful litigant shall be entitled to recover reasonable attorney's fees and court costs.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.078 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.078. Substantial Compliance With Notice Requirements

Sec. 395.078.  SUBSTANTIAL COMPLIANCE WITH NOTICE REQUIREMENTS.  An impact fee may not be held invalid because the public notice requirements were not complied with if compliance was substantial and in good faith.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.079 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.079. Impact Fee for Storm Water, Drainage, and Flood Control in Populous County

Sec. 395.079.  IMPACT FEE FOR STORM WATER, DRAINAGE, AND FLOOD CONTROL IN POPULOUS COUNTY.  (a)  Any county that has a population of 3.3 million or more or that borders a county with a population of 3.3 million or more, and any district or authority created under Article XVI, Section 59, of the Texas Constitution within any such county that is authorized to provide storm water, drainage, and flood control facilities, is authorized to impose impact fees to provide storm water, drainage, and flood control improvements necessary to accommodate new development.(b)  The imposition of impact fees authorized by Subsection (a) is exempt from the requirements of Sections 395.025, 395.052-395.057, and 395.074 unless the political subdivision proposes to increase the impact fee.(c)  Any political subdivision described by Subsection (a) is authorized to pledge or otherwise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued or incurred by or on behalf of the political subdivision and to the payment of any other contractual obligations.(d)  An impact fee adopted by a political subdivision under Subsection (a) may not be reduced if:(1)  the political subdivision has pledged or otherwise contractually obligated all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision; and(2)  the political subdivision agrees in the pledge or contract not to reduce the impact fees during the term of the bonds, notes, or other contractual obligations.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 107, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.080 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.080. Chapter Not Applicable to Certain Water-Related Special Districts

Sec. 395.080.  CHAPTER NOT APPLICABLE TO CERTAIN WATER-RELATED SPECIAL DISTRICTS.  (a)  This chapter does not apply to impact fees, charges, fees, assessments, or contributions:(1)  paid by or charged to a district created under Article XVI, Section 59, of the Texas Constitution to another district created under that constitutional provision if both districts are required by law to obtain approval of their bonds by the Texas Natural Resource Conservation Commission;  or(2)  charged by an entity if the impact fees, charges, fees, assessments, or contributions are approved by the Texas Natural Resource Conservation Commission.(b)  Any district created under Article XVI, Section 59, or Article III, Section 52, of the Texas Constitution may petition the Texas Natural Resource Conservation Commission for approval of any proposed impact fees, charges, fees, assessments, or contributions.  The commission shall adopt rules for reviewing the petition and may charge the petitioner fees adequate to cover the cost of processing and considering the petition.  The rules shall require notice substantially the same as that required by this chapter for the adoption of impact fees and shall afford opportunity for all affected parties to participate.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.257, eff. Sept. 1, 1995.|
TX Loc Govt Code § 395.081 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 395 - Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments|Subchapter D. Other Provisions|Section 395.081. Fees for Adjoining Landowners in Certain Municipalities

Sec. 395.081.  FEES FOR ADJOINING LANDOWNERS IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality with a population of 115,000 or less that constitutes more than three-fourths of the population of the county in which the majority of the area of the municipality is located.(b)  A municipality that has not adopted an impact fee under this chapter that is constructing a capital improvement, including sewer or waterline or drainage or roadway facilities, from the municipality to a development located within or outside the municipality's boundaries, in its discretion, may allow a landowner whose land adjoins the capital improvement or is within a specified distance from the capital improvement, as determined by the governing body of the municipality, to connect to the capital improvement if:(1)  the governing body of the municipality has adopted a finding under Subsection (c);  and(2)  the landowner agrees to pay a proportional share of the cost of the capital improvement as determined by the governing body of the municipality and agreed to by the landowner.(c)  Before a municipality may allow a landowner to connect to a capital improvement under Subsection (b), the municipality shall adopt a finding that the municipality will benefit from allowing the landowner to connect to the capital improvement.  The finding shall describe the benefit to be received by the municipality.(d)  A determination of the governing body of a municipality, or its officers or employees, under this section is a discretionary function of the municipality and the municipality and its officers or employees are not liable for a determination made under this section.|Added by Acts 1997, 75th Leg., ch. 1150, Sec. 1, eff. June 19, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1043 (H.B. 3111), Sec. 5, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 100, eff. September 1, 2011.|
TX Loc Govt Code § 397A.001 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations|Subchapter A. General Provisions|Section 397A.001. Legislative Findings; Purpose

Sec. 397A.001.  LEGISLATIVE FINDINGS; PURPOSE.  (a)  The legislature finds that:(1)  the areas that surround military installations will be frequented for military, national security, and international training purposes by residents from many parts of the state, nation, and world;(2)  compatible development and use of those areas is of concern to the state and nation; and(3)  without adequate regulation, the areas will tend to become incompatible with military missions and will be used in ways that interfere with:(A)  the proper continued use of those areas as secure locations for military installations and missions; and(B)  the effective operation of the military installations and missions.(b)  The powers granted under this chapter are for the purposes of:(1)  promoting the public health, safety, and general welfare;(2)  protecting and preserving places and areas of military and national security importance and significance;(3)  protecting critical military missions and operations related to those missions; and(4)  ensuring state and national security.(c)  This chapter may not be interpreted to grant regulatory powers to administer Chapter 245 or to amend a protection or benefit provided by Chapter 245.|Added by Acts 2009, 81st Leg., R.S., Ch. 1320 (H.B. 2919), Sec. 3, eff. June 19, 2009.|
TX Loc Govt Code § 397A.051 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations|Subchapter B. Regional Military Sustainability Commissions in Populous Areas|Section 397A.051. Applicability

Sec. 397A.051.  APPLICABILITY.  (a)  A regulation or compatible development standard adopted under this subchapter does not apply to:(1)  a tract of land used for a single-family residence that is located outside the boundaries of a platted subdivision;(2)  a tract of land in agricultural use;(3)  an activity or a structure or appurtenance on a tract of land in agricultural use; or(4)  an area designated as part of the commission's territory under Section 397A.052 that is subject to the jurisdiction of a regulatory agency as defined by Section 245.001, and that, on the effective date of the Act adding this chapter, is:(A)  within the boundaries of a project as defined by Section 245.001 and any revision to the project that has accrued rights under Chapter 245;(B)  the subject of a permit as defined by Section 245.001 issued by or a permit application filed with a regulatory agency as defined by Section 245.001; or(C)  subject to a plan for development or plat application filed with a regulatory agency as defined by Section 245.001.(b)  In this section:(1)  "Agricultural use" means use or activity involving agriculture.(2)  "Agriculture" means:(A)  cultivating the soil to produce crops for human food, animal feed, seed for planting, or the production of fibers;(B)  practicing floriculture, viticulture, silviculture, or horticulture;(C)  raising, feeding, or keeping animals for breeding purposes or for the production of food, fiber, leather, pelts, or other tangible products having commercial value;(D)  planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in a government program or normal crop or livestock rotation procedure; or(E)  engaging in wildlife management.(c)  A term used in this subchapter that is defined or used in Chapter 245 has the meaning assigned by Chapter 245.|Added by Acts 2009, 81st Leg., R.S., Ch. 1320 (H.B. 2919), Sec. 3, eff. June 19, 2009.|
TX Loc Govt Code § 397A.052 (2021)
2021 Texas Statutes|Local Government Code|Title 12 - Planning and Development|Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government|Chapter 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations|Subchapter B. Regional Military Sustainability Commissions in Populous Areas|Section 397A.052. Creation of Regional Military Sustainability Commission

Sec. 397A.052.  CREATION OF REGIONAL MILITARY SUSTAINABILITY COMMISSION.  (a)  This section applies only to:(1)  a county:(A)  in which three or more locations of a joint military base are located; and(B)  with a population of more than 1.7 million;(2)  a county that is adjacent to a county described by Subdivision (1); and(3)  a municipality located in a county described by Subdivision (1) or (2).(b)  One or more municipalities with extraterritorial jurisdiction located within five miles of the boundary line of a military installation and one or more counties with unincorporated area located within five miles of the boundary of a military installation may agree by order, ordinance, or other means to establish and fund a regional military sustainability commission under this subchapter with respect to the military installation.(c)  A commission's territory consists of the area:(1)  located outside the military installation's boundaries and:(A)  within two miles of the boundary line of a military installation, except as provided by Paragraph (B); or(B)  for a commission established for a military installation engaged in flight training at the time the commission is established, within a rectangle bounded by lines located no farther than 1-1/2 statute miles from the centerline of a runway of the installation and lines located no farther than five statute miles from each end of the paved surface of a runway of the installation;(2)  located in:(A)  the extraterritorial jurisdiction of a participating municipality; or(B)  the unincorporated area of a participating county; and(3)  designated as the commission's territory when the commission is established.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 765 , Sec. 2, eff. September 1, 2015.(e)  This subchapter shall be narrowly construed in conformity with the findings and purposes under Section 397A.001.|Added by Acts 2009, 81st Leg., R.S., Ch. 1320 (H.B. 2919), Sec. 3, eff. June 19, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 765 (H.B. 2232), Sec. 1, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 765 (H.B. 2232), Sec. 2, eff. September 1, 2015.|