reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 394.902 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.902. Housing for Elderly

Sec. 394.902.  HOUSING FOR ELDERLY.  (a)  The housing finance corporation shall require that at least five percent of the units in a multifamily residential development be built or renovated and be reserved for the lifetime of the development for occupancy by elderly persons of low income or by families of low or moderate income in which an elderly person is the head of a household if the development:(1)  contains at least 20 units;  and(2)  is financed by bonds issued under this chapter as a result of an official decision to issue bonds that occurs on or after January 1, 1986.(b)  Instead of requiring a reservation of units as required under Subsection (a), the housing finance corporation may collect a fee equal to one-tenth percent of the total principal amount of the loan made for the multifamily residential development.  The corporation shall collect the fee from the person who receives the loan at the time the loan is delivered.  Immediately after the receipt of the fee, the corporation shall remit the fee to the Texas Department on Aging.  The department shall deposit all funds received under this subsection to the credit of a special account in the general revenue fund.  Funds in the special account may be used only to assist in obtaining housing for elderly persons or families in which an elderly person is the head of a household.(c)  If the housing finance corporation requires a reservation under Subsection (a), the design engineer for the development must certify to the corporation that the reserved units in the development meet standards set by the Texas Department on Aging for elderly persons.(d)  The governing body of the local government that authorizes, sponsors, or otherwise participates in the creation of the housing finance corporation shall cooperate with the Texas Department on Aging to implement this section and shall submit to the department an annual report relating to the number of developments financed under this chapter, the number of units reserved for the elderly persons or for families in which an elderly person is the head of the household, the amount of fees collected, and other information required by the department.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 394.9025 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.9025. Multifamily Residential Development

Sec. 394.9025.  MULTIFAMILY RESIDENTIAL DEVELOPMENT.  (a)  Following a public hearing, a housing finance corporation may issue bonds to finance a multifamily residential development to be owned by the housing finance corporation if at least 50 percent of the units in the multifamily residential development are reserved for occupancy by individuals and families earning less than 80 percent of the area median family income.(b)  Following a public hearing by the governing body of the local government, a housing finance corporation may issue bonds to finance a multifamily residential development to be owned by the housing finance corporation in accordance with Section 394.004 if the housing finance corporation receives approval of the governing body of the local government.|Added by Acts 2001, 77th Leg., ch. 1493, Sec. 3, eff. Aug. 31, 2002.|
TX Loc Govt Code § 394.903 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.903. Location of Residential Development; Residential Development Sites

Sec. 394.903.  LOCATION OF RESIDENTIAL DEVELOPMENT;  RESIDENTIAL DEVELOPMENT SITES.  (a)  A residential development covered by this chapter must be located within the local government.(b)  The local government may transfer any residential development site to a housing finance corporation by sale or lease.  The governing body of the local government may authorize the transfer by resolution without submitting the issue to the voters and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law.  The site may be located wholly or partly inside or outside the local government.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 394.904 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.904. Exemption From Requirements and Restrictions Applying to Public Property

Sec. 394.904.  EXEMPTION FROM REQUIREMENTS AND RESTRICTIONS APPLYING TO PUBLIC PROPERTY.  (a)  The acquisition, construction, or rehabilitation of a private residential development or a home is not subject to requirements relating to public buildings, structures, grounds, works, or improvements imposed by the laws of this state, or to any other similar requirements.(b)  Any competitive bidding requirement or restriction imposed on the procedure regarding the award of contracts for that acquisition, construction, or rehabilitation or regarding the lease, sale, or other disposition of property of the local government is not applicable to any action taken under this chapter.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 394.905 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.905. Exemption From Taxation

Sec. 394.905.  EXEMPTION FROM TAXATION.  The housing finance corporation, all property owned by it, the income from the property, all bonds issued by it, the income from the bonds, and the transfer of the bonds are exempt, as public property used for public purposes, from license fees, recording fees, and all other taxes imposed by this state or any political subdivision of this state.  The corporation is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if the corporation is exempted by that chapter.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 394.906 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.906. Conditions Under Which Federal Guarantee or Home Mortgage Insurance Not Required

Sec. 394.906.  CONDITIONS UNDER WHICH FEDERAL GUARANTEE OR HOME MORTGAGE INSURANCE NOT REQUIRED.  A home mortgage does not require a federal guarantee or home mortgage insurance if the principal of and interest on the housing finance corporation's bonds issued to make or purchase the home mortgage or to make loans to lending institutions are guaranteed or insured by an agency, department, or instrumentality of the United States or by an insurance or surety company authorized to issue municipal bond insurance.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 394.907 (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 394 - Housing Finance Corporations in Municipalities and Counties|Subchapter Z. Miscellaneous Provisions|Section 394.907. Corporation Powers Not Restricted; Police Powers Not Affected

Sec. 394.907.  CORPORATION POWERS NOT RESTRICTED;  POLICE POWERS NOT AFFECTED.  (a)  This chapter does not restrict or otherwise limit any powers that the housing finance corporation may otherwise exercise under the laws of this state.(b)  Except as provided by this chapter, no proceeding, notice, or approval is required for the organization of the housing finance corporation, the issuance of bonds, or the issuance of any instrument as security for the bonds.(c)  This chapter does not deprive this state or a governmental subdivision of this state of their respective police powers over property of the housing finance corporation and does not impair any power over the property that is otherwise provided by law to any official or agency of the state or its governmental subdivisions.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 395.011 (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 395.011. Authorization of Fee

Sec. 395.011.  AUTHORIZATION OF FEE.  (a)  Unless otherwise specifically authorized by state law or this chapter, a governmental entity or political subdivision may not enact or impose an impact fee.(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 in the extraterritorial jurisdiction for roadway facilities.(c)  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.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.012 (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 395.012. Items Payable by Fee

Sec. 395.012.  ITEMS PAYABLE BY FEE.  (a)  An impact fee may be imposed only to pay the costs of constructing capital improvements or facility expansions, including and limited to the:(1)  construction contract price;(2)  surveying and engineering fees;(3)  land acquisition costs, including land purchases, court awards and costs, attorney's fees, and expert witness fees; and(4)  fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the political subdivision.(b)  Projected interest charges and other finance costs may be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision to finance the capital improvements or facility expansions identified in the capital improvements plan and are not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan.(c)  Notwithstanding any other provision of this chapter, 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 a staff engineer who prepares or updates a capital improvements plan under this chapter.(d)  A municipality may pledge an impact fee as security for the payment of debt service on a bond, note, or other obligation issued to finance a capital improvement or public facility expansion if:(1)  the improvement or expansion is identified in a capital improvements plan;  and(2)  at the time of the pledge, the governing body of the municipality certifies in a written order, ordinance, or resolution that none of the impact fee will be used or expended for an improvement or expansion not identified in the plan.(e)  A certification under Subsection (d)(2) is sufficient evidence that an impact fee pledged will not be used or expended for an improvement or expansion that is not identified in the capital improvements plan.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 90, Sec. 1, eff. May 16, 1995.|
TX Loc Govt Code § 395.013 (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 395.013. Items Not Payable by Fee

Sec. 395.013.  ITEMS NOT PAYABLE BY FEE.  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.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.015 (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 395.015. Maximum Fee per Service Unit

Sec. 395.015.  MAXIMUM FEE PER SERVICE UNIT.  (a)  The impact fee per service unit may not exceed the amount determined by subtracting the amount in Section 395.014(a)(7) from the costs of the capital improvements described by Section 395.014(a)(3) and dividing that amount by the total number of projected service units described by Section 395.014(a)(5).(b)  If the number of new service units projected over a reasonable period of time is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to projected new service units described by Section 395.014(a)(6) by the projected new service units described in that section.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 345, Sec. 3, eff. Sept. 1, 2001.|
TX Loc Govt Code § 395.017 (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 395.017. Additional Fee Prohibited; Exception

Sec. 395.017.  ADDITIONAL FEE PROHIBITED;  EXCEPTION.  After assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed against the tract for any reason unless the number of service units to be developed on the tract increases.  In the event of the increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.018 (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 395.018. Agreement With Owner Regarding Payment

Sec. 395.018.  AGREEMENT WITH OWNER REGARDING PAYMENT.  A political subdivision is authorized to enter into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.019 (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 395.019. Collection of Fees if Services Not Available

Sec. 395.019.  COLLECTION OF FEES IF SERVICES NOT AVAILABLE.  Except for roadway facilities, impact fees may be assessed but may not be collected in areas where services are not currently available unless:(1)  the collection is made to pay for a capital improvement or facility expansion that has been identified in the capital improvements plan and the political subdivision commits to commence construction within two years, under duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide service, and to have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five years;(2)  the political subdivision agrees that the owner of a new development may construct or finance the capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or(3)  an owner voluntarily requests the political subdivision to reserve capacity to serve future development, and the political subdivision and owner enter into a valid written agreement.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.020 (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 395.020. Entitlement to Services

Sec. 395.020.  ENTITLEMENT TO SERVICES.  Any new development for which an impact fee has been paid is entitled to the permanent use and benefit of the services for which the fee was exacted and is entitled to receive immediate service from any existing facilities with actual capacity to serve the new service units, subject to compliance with other valid regulations.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.021 (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 395.021. Authority of Political Subdivisions to Spend Funds to Reduce Fees

Sec. 395.021.  AUTHORITY OF POLITICAL SUBDIVISIONS TO SPEND FUNDS TO REDUCE FEES.  Political subdivisions may spend funds from any lawful source to pay for all or a part of the capital improvements or facility expansions to reduce the amount of impact fees.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 395.022 (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 395.022. Authority of Political Subdivision to Pay Fees

Sec. 395.022.  AUTHORITY OF POLITICAL SUBDIVISION TO PAY FEES.  (a)  Political subdivisions and other governmental entities may pay impact fees imposed under this chapter.(b)  A school district is not required to pay impact fees imposed under this chapter unless the board of trustees of the district consents to the payment of the fees by entering a contract with the political subdivision that imposes the fees.  The contract may contain terms the board of trustees considers advisable to provide for the payment of the fees.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 250 (S.B. 883), Sec. 1, eff. May 25, 2007.|
TX Loc Govt Code § 395.023 (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 395.023. Credits Against Roadway Facilities Fees

Sec. 395.023.  CREDITS AGAINST ROADWAY FACILITIES FEES.  Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by a political subdivision as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from the development.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.|