reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 395.024 (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 B. Authorization of Impact Fee|Section 395.024. Accounting for Fees and Interest

Sec. 395.024.  ACCOUNTING FOR FEES AND INTEREST.  (a)  The order, ordinance, or resolution levying an impact fee must provide that all funds collected through the adoption of an impact fee shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted.(b)  Interest earned on impact fees is considered funds of the account on which it is earned and is subject to all restrictions placed on use of impact fees under this chapter.(c)  Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by this chapter.(d)  The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.025 (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 B. Authorization of Impact Fee|Section 395.025. Refunds

Sec. 395.025.  REFUNDS.  (a)  On the request of an owner of the property on which an impact fee has been paid, the political subdivision shall refund the impact fee if existing facilities are available and service is denied or the political subdivision has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment under Section 395.019(1).(b)  Repealed by Acts 2001, 77th Leg., ch. 345, Sec. 9, eff. Sept. 1, 2001.(c)  The political subdivision shall refund any impact fee or part of it that is not spent as authorized by this chapter within 10 years after the date of payment.(d)  Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Section 302.002, Finance Code, or its successor statute.(e)  All refunds shall be made to the record owner of the property at the time the refund is paid.  However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity.(f)  The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this section.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 1396, Sec. 37, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.82, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 345, Sec. 9, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.041 (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 395.041. Compliance With Procedures Required

Sec. 395.041.  COMPLIANCE WITH PROCEDURES REQUIRED.  Except as otherwise provided by this chapter, a political subdivision must comply with this subchapter to levy an impact fee.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.0411 (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 395.0411. Capital Improvements Plan

Sec. 395.0411.  CAPITAL IMPROVEMENTS PLAN.  The political subdivision shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014.|Added by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.042 (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 395.042. Hearing on Land Use Assumptions and Capital Improvements Plan

Sec. 395.042.  HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN.  To impose an impact fee, a political subdivision must adopt an order, ordinance, or resolution establishing a public hearing date to consider the land use assumptions and capital improvements plan for the designated service area.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.043 (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 395.043. Information About Land Use Assumptions and Capital Improvements Plan Available to Public

Sec. 395.043.  INFORMATION ABOUT LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AVAILABLE TO PUBLIC.  On or before the date of the first publication of the notice of the hearing on the land use assumptions and capital improvements plan, the political subdivision shall make available to the public its land use assumptions, the time period of the projections, and a description of the capital improvement facilities that may be proposed.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.044 (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 395.044. Notice of Hearing on Land Use Assumptions and Capital Improvements Plan

Sec. 395.044.  NOTICE OF HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN.  (a)  Before the 30th day before the date of the hearing on the land use assumptions and capital improvements plan, the political subdivision shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of the hearing within two years preceding the date of adoption of the order, ordinance, or resolution setting the public hearing.(b)  The political subdivision shall publish notice of the hearing before the 30th day before the date set for the hearing, in one or more newspapers of general circulation in each county in which the political subdivision lies.  However, a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may publish the required newspaper notice only in each county in which the service area lies.(c)  The notice must contain:(1)  a headline to read as follows:"NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN RELATING TO POSSIBLE ADOPTION OF IMPACT FEES"(2)  the time, date, and location of the hearing;(3)  a statement that the purpose of the hearing is to consider the land use assumptions and capital improvements plan under which an impact fee may be imposed;  and(4)  a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions and capital improvements plan.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.045 (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 395.045. Approval of Land Use Assumptions and Capital Improvements Plan Required

Sec. 395.045.  APPROVAL OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN REQUIRED.  (a)  After the public hearing on the land use assumptions and capital improvements plan, the political subdivision shall determine whether to adopt or reject an ordinance, order, or resolution approving the land use assumptions and capital improvements plan.(b)  The political subdivision, within 30 days after the date of the public hearing, shall approve or disapprove the land use assumptions and capital improvements plan.(c)  An ordinance, order, or resolution approving the land use assumptions and capital improvements plan may not be adopted as an emergency measure.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.0455 (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 395.0455. Systemwide Land Use Assumptions

Sec. 395.0455.  SYSTEMWIDE LAND USE ASSUMPTIONS.  (a)  In lieu of adopting land use assumptions for each service area, a political subdivision may, except for storm water, drainage, flood control, and roadway facilities, adopt systemwide land use assumptions, which cover all of the area subject to the jurisdiction of the political subdivision for the purpose of imposing impact fees under this chapter.(b)  Prior to adopting systemwide land use assumptions, a political subdivision shall follow the public notice, hearing, and other requirements for adopting land use assumptions.(c)  After adoption of systemwide land use assumptions, a political subdivision is not required to adopt additional land use assumptions for a service area for water supply, treatment, and distribution facilities or wastewater collection and treatment facilities as a prerequisite to the adoption of a capital improvements plan or impact fee, provided the capital improvements plan and impact fee are consistent with the systemwide land use assumptions.|Added by Acts 1989, 71st Leg., ch. 566, Sec. 1(b), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.047 (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 395.047. Hearing on Impact Fee

Sec. 395.047.  HEARING ON IMPACT FEE.  On adoption of the land use assumptions and capital improvements plan, the governing body shall adopt an order or resolution setting a public hearing to discuss the imposition of the impact fee.  The public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution imposing 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. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.049 (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 395.049. Notice of Hearing on Impact Fee

Sec. 395.049.  NOTICE OF HEARING ON IMPACT FEE.  (a)  Before the 30th day before the date of the hearing on the imposition of an impact fee, the political subdivision shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of the hearing within two years preceding the date of adoption of the order or resolution setting the public hearing.(b)  The political subdivision shall publish notice of the hearing before the 30th day before the date set for the hearing, in one or more newspapers of general circulation in each county in which the political subdivision lies.  However, a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may publish the required newspaper notice only in each county in which the service area lies.(c)  The notice must contain the following:(1)  a headline to read as follows:"NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES"(2)  the time, date, and location of the hearing;(3)  a statement that the purpose of the hearing is to consider the adoption of an impact fee;(4)  the amount of the proposed impact fee per service unit;  and(5)  a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.050 (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 395.050. Advisory Committee Comments on Impact Fees

Sec. 395.050.  ADVISORY COMMITTEE COMMENTS ON IMPACT FEES.  The advisory committee created under Section 395.058 shall file its written comments on the proposed impact fees before the fifth business day before the date of the public hearing on the imposition of the fees.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.051 (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 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 395.051. Approval of Impact Fee Required

Sec. 395.051.  APPROVAL OF IMPACT FEE REQUIRED.  (a)  The political subdivision, within 30 days after the date of the public hearing on the imposition of an impact fee, shall approve or disapprove the imposition of an impact fee.(b)  An ordinance, order, or resolution approving the imposition of an impact fee may not be adopted as an emergency measure.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.052 (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 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 395.052. Periodic Update of Land Use Assumptions and Capital Improvements Plan Required

Sec. 395.052.  PERIODIC UPDATE OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN REQUIRED.  (a)  A political subdivision imposing an impact fee shall update the land use assumptions and capital improvements plan at least every five years.  The initial five-year period begins on the day the capital improvements plan is adopted.(b)  The political subdivision shall review and evaluate its current land use assumptions and shall cause an update of the capital improvements plan to be prepared in accordance with Subchapter B.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 6, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.053 (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 395.053. Hearing on Updated Land Use Assumptions and Capital Improvements Plan

Sec. 395.053.  HEARING ON UPDATED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN.  The governing body of the political subdivision shall, within 60 days after the date it receives the update of the land use assumptions and the capital improvements plan, adopt an order setting a public hearing to discuss and review the update and shall determine whether to amend the plan.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|Sec. 395.054.  HEARING ON AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEE.  A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the impact fee.  On or before the date of the first publication of the notice of the hearing on the amendments, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be made available to the public.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.055 (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 395.055. Notice of Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee

Sec. 395.055.  NOTICE OF HEARING ON AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEE.  (a)  The notice and hearing procedures prescribed by Sections 395.044(a) and (b) apply to a hearing on the amendment of land use assumptions, a capital improvements plan, or an impact fee.(b)  The notice of a hearing under this section must contain the following:(1)  a headline to read as follows:"NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES"(2)  the time, date, and location of the hearing;(3)  a statement that the purpose of the hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee;  and(4)  a statement that any member of the public has the right to appear at the hearing and present evidence for or against the update.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 7, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.056 (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 395.056. Advisory Committee Comments on Amendments

Sec. 395.056.  ADVISORY COMMITTEE COMMENTS ON AMENDMENTS.  The advisory committee created under Section 395.058 shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee before the fifth business day before the date of the public hearing on the amendments.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.057 (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 395.057. Approval of Amendments Required

Sec. 395.057.  APPROVAL OF AMENDMENTS REQUIRED.  (a)  The political subdivision, within 30 days after the date of the public hearing on the amendments, shall approve or disapprove the amendments of the land use assumptions and the capital improvements plan and modification of an impact fee.(b)  An ordinance, order, or resolution approving the amendments to the land use assumptions, the capital improvements plan, and imposition of an impact fee may not be adopted as an emergency measure.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|