By: Bell of Kaufman H.B. No. 4582
 
 
 
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.