|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to reimbursement of infrastructure costs incurred by a |
|
developer of certain housing developments by certain |
|
municipalities and counties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 12, Local Government Code, is |
|
amended by adding Chapter 396 to read as follows: |
|
CHAPTER 396. ATTAINABLE HOUSING DEVELOPMENT INFRASTRUCTURE FOR |
|
CERTAIN MUNICIPALITIES AND COUNTIES |
|
Sec. 396.001. DEFINITIONS. In this chapter: |
|
(1) "Attainable housing development" means a |
|
residential development consisting of at least seven acres that is |
|
developed or renovated to provide at least 50 single-family offsite |
|
residences. |
|
(2) "Infrastructure" means: |
|
(A) a facility for water, wastewater, |
|
electricity, or another utility; and |
|
(B) a street, road, highway, or bridge. |
|
(3) "Single-family offsite residence" means a housing |
|
unit governed by Chapter 1201, Occupations Code. |
|
Sec. 396.002. APPLICABILITY OF CHAPTER. This chapter |
|
applies only to: |
|
(1) a county with a population greater than 2.5 |
|
million but less than 4 million; |
|
(2) a county with a population greater than 190,000 |
|
that is adjacent to a county described by Subdivision (1); and |
|
(3) a municipality wholly or partly located in a |
|
county described by Subdivision (1) or (2). |
|
Sec. 396.003. ELIGIBILITY FOR INFRASTRUCTURE COST |
|
REIMBURSEMENT. (a) A developer is eligible for reimbursement |
|
under this chapter for a cost incurred to build infrastructure |
|
related to an attainable housing development if: |
|
(1) the developer directly or indirectly incurred the |
|
cost of building or financing the construction, maintenance, or |
|
renovation of the infrastructure or connection of the |
|
infrastructure to the development; |
|
(2) a municipality or county would have built or |
|
financed the infrastructure had the infrastructure not been built |
|
by the developer; |
|
(3) at least 80 percent of the lots in the development |
|
accommodate a single-family offsite residence that is at least |
|
1,000 square feet in area; |
|
(4) the development is connected to: |
|
(A) a public water system; and |
|
(B) a sewer system as defined by Section 26.001, |
|
Water Code; |
|
(5) the development is governed by a property owners' |
|
association agreement or land lease agreement that includes |
|
restrictive covenants relating to the maintenance of the common |
|
areas and grounds of the development and enforcement of community |
|
regulations; |
|
(6) the developer offers units in the development to |
|
veterans or active duty members of the military, first responders, |
|
or employees of a school district; and |
|
(7) the developer complies with Federal Housing |
|
Administration tenant site lease protections required by: |
|
(A) a municipality in which the development is |
|
wholly or partly located; and |
|
(B) a county in which the development is located |
|
if the development is wholly or partly located in the |
|
unincorporated area of the county. |
|
(b) Costs that may be reimbursed under this chapter include: |
|
(1) financing costs; |
|
(2) installation, maintenance, or renovation costs; |
|
and |
|
(3) costs to connect to existing infrastructure. |
|
Sec. 396.004. NOTICE OF REIMBURSEMENT. (a) A developer |
|
eligible under Section 396.003 must provide written notice of |
|
reimbursement under this chapter to: |
|
(1) a municipality in which the development is wholly |
|
or partly located; and |
|
(2) a county in which the development is located if the |
|
development is wholly or partly located in the unincorporated area |
|
of the county. |
|
(b) The notice must include: |
|
(1) an itemized list of the infrastructure costs |
|
described by Section 396.003 incurred by the developer; and |
|
(2) proof of payment for each infrastructure cost |
|
incurred by the developer. |
|
Sec. 396.005. REIMBURSEMENT OF INFRASTRUCTURE COSTS. (a) |
|
A municipality or county receiving notice under Section 396.004 |
|
from a developer eligible under Section 396.003 shall reimburse the |
|
developer's infrastructure costs described by Section 396.003 in |
|
accordance with this section. |
|
(b) The amount of reimbursement paid to a developer under |
|
this chapter in a tax year may not exceed the amount of property |
|
taxes assessed by the municipality or county and paid by the |
|
developer for that tax year on the property on which the attainable |
|
housing development for which the developer seeks reimbursement is |
|
located. A county's liability for reimbursement under this chapter |
|
is limited to the property taxes assessed by the county on and paid |
|
by the developer for the property located in the unincorporated |
|
area of the county. |
|
(c) A developer eligible under Section 396.003 is entitled |
|
to reimbursement under this chapter until the earlier of: |
|
(1) the date on which the total reimbursement paid by a |
|
municipality or county under this chapter is equal to the total |
|
infrastructure costs described by Section 396.003 incurred by the |
|
developer for the attainable housing development; or |
|
(2) the 10th anniversary of the date the developer |
|
first receives a reimbursement payment under this chapter. |
|
(d) A municipality or county that receives notice under |
|
Section 396.004 shall pay the initial reimbursement payment not |
|
later than the 90th day after the date the municipality or county |
|
receives the notice. |
|
Sec. 396.006. ANNUAL REPORT OF REIMBURSABLE COSTS. A |
|
developer that provided notice under Section 396.004 shall submit |
|
an annual report to the municipality or county from which the |
|
developer receives reimbursement that includes: |
|
(1) an itemized list of the infrastructure costs |
|
incurred by the developer during that year; and |
|
(2) proof of payment for each infrastructure cost |
|
incurred by the developer during that year. |
|
SECTION 2. The changes in law made by this Act apply only to |
|
an attainable housing development project initiated on or after the |
|
effective date of this Act. |
|
SECTION 3. This Act takes effect September 1, 2025. |