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.
Structure Texas Statutes
Title 12 - Planning and Development
Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government
Subchapter B. Authorization of Impact Fee
Section 395.011. Authorization of Fee
Section 395.012. Items Payable by Fee
Section 395.013. Items Not Payable by Fee
Section 395.014. Capital Improvements Plan
Section 395.015. Maximum Fee per Service Unit
Section 395.016. Time for Assessment and Collection of Fee
Section 395.017. Additional Fee Prohibited; Exception
Section 395.018. Agreement With Owner Regarding Payment
Section 395.019. Collection of Fees if Services Not Available
Section 395.020. Entitlement to Services
Section 395.021. Authority of Political Subdivisions to Spend Funds to Reduce Fees
Section 395.022. Authority of Political Subdivision to Pay Fees
Section 395.023. Credits Against Roadway Facilities Fees