Bill Text: TX HB3492 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to county and municipal authority to impose certain value-based fees and require disclosure of certain information related to subdivision construction.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-10 - Effective on 9/1/23 [HB3492 Detail]
Download: Texas-2023-HB3492-Enrolled.html
| H.B. No. 3492 | ||
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| relating to county and municipal authority to impose certain | ||
| value-based fees and require disclosure of certain information | ||
| related to subdivision construction. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 212, Local Government | ||
| Code, is amended by adding Section 212.906 to read as follows: | ||
| Sec. 212.906. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF | ||
| CERTAIN INFORMATION PROHIBITED. (a) This section applies only to | ||
| an application, review, engineering, inspection, acceptance, | ||
| administrative, or other fee imposed by a municipality related to | ||
| the acceptance, review, or processing of engineering or | ||
| construction plans or for the inspection of improvements for | ||
| construction of a subdivision or lot or a related improvement | ||
| associated with or required in conjunction with that construction. | ||
| (b) A municipality may not consider the cost of constructing | ||
| or improving the public infrastructure for a subdivision, lot, or | ||
| related property development in determining the amount of a fee | ||
| subject to this section. The municipality shall determine the fee | ||
| by considering the municipality's actual cost to, as applicable, | ||
| review and process the engineering or construction plan or to | ||
| inspect the public infrastructure improvement. | ||
| (c) In determining the municipality's actual cost for | ||
| reviewing and processing an engineering or construction plan or | ||
| inspecting a public infrastructure improvement under Subsection | ||
| (b), a municipality may consider: | ||
| (1) the fee that would be charged by a qualified, | ||
| independent third-party entity for those services; | ||
| (2) the hourly rate for the estimated actual direct | ||
| time of the municipality's employees performing those services; or | ||
| (3) the actual costs assessed to the municipality by a | ||
| third-party entity that provides those services to the | ||
| municipality. | ||
| (d) A municipality may not require the disclosure of | ||
| information related to the value of or cost of constructing or | ||
| improving a residential dwelling or the public infrastructure | ||
| improvements for a subdivision, lot, or related property | ||
| development as a condition of obtaining approval for subdivision | ||
| construction or for the acceptance of those public infrastructure | ||
| improvements except as required by the Federal Emergency Management | ||
| Agency for participation in the National Flood Insurance Program. | ||
| (e) A municipality that imposes a fee for reviewing or | ||
| processing an engineering or construction plan or inspecting a | ||
| public infrastructure improvement shall annually publish the fee | ||
| and the hourly rate and estimated direct time incurred by municipal | ||
| employees for a fee calculated under Subsection (c)(2). The | ||
| municipality must publish the information: | ||
| (1) on the municipality's Internet website; or | ||
| (2) if the municipality does not maintain an Internet | ||
| website, in a newspaper of general circulation in the county in | ||
| which the municipality is primarily located. | ||
| SECTION 2. Chapter 232, Local Government Code, is amended | ||
| by adding Subchapter Z to read as follows: | ||
| SUBCHAPTER Z. MISCELLANEOUS PROVISIONS | ||
| Sec. 232.901. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF | ||
| CERTAIN INFORMATION PROHIBITED. (a) This section applies only to | ||
| an application, review, engineering, inspection, acceptance, | ||
| administrative, or other fee imposed by a county related to the | ||
| acceptance, review, or processing of engineering or construction | ||
| plans or for the inspection of improvements for construction in a | ||
| subdivision or a related improvement associated with or required in | ||
| conjunction with that construction. | ||
| (b) A county may not consider the cost of constructing or | ||
| improving the public infrastructure for a subdivision, lot, or | ||
| related property development in determining the amount of a fee | ||
| subject to this section. The county shall determine the fee by | ||
| considering the county's actual cost to, as applicable, review and | ||
| process the engineering or construction plan or to inspect the | ||
| public infrastructure improvement. | ||
| (c) In determining the county's actual cost for reviewing | ||
| and processing an engineering or construction plan or inspecting a | ||
| public infrastructure improvement under Subsection (b), a county | ||
| may consider: | ||
| (1) the fee that would be charged by a qualified, | ||
| independent third-party entity for those services; | ||
| (2) the hourly rate for the estimated actual direct | ||
| time of the county's employees performing those services; or | ||
| (3) the actual costs assessed to the county by a | ||
| third-party entity that provides those services to the county. | ||
| (d) A county may not require the disclosure of information | ||
| related to the value of or cost of constructing or improving a | ||
| residential dwelling or the public infrastructure improvements for | ||
| a subdivision, lot, or related property development as a condition | ||
| of obtaining approval for subdivision construction or for the | ||
| acceptance of those public infrastructure improvements except as | ||
| required by the Federal Emergency Management Agency for | ||
| participation in the National Flood Insurance Program. | ||
| (e) A county that imposes a fee for reviewing or processing | ||
| an engineering or construction plan or inspecting a public | ||
| infrastructure improvement shall annually publish the fee and the | ||
| hourly rate and estimated direct time incurred by county employees | ||
| for a fee calculated under Subsection (c)(2). The county must | ||
| publish the information: | ||
| (1) on the county's Internet website; or | ||
| (2) if the county does not maintain an Internet | ||
| website, in a newspaper of general circulation in the county. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a fee subject to Section 212.906 or 232.901, Local Government Code, | ||
| as added by this Act, assessed by a county or municipality on or | ||
| after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3492 was passed by the House on May 2, | ||
| 2023, by the following vote: Yeas 142, Nays 3, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3492 was passed by the Senate on May | ||
| 19, 2023, by the following vote: Yeas 23, Nays 8. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
