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.
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