Sec. 395.077. APPEALS. (a) A person who has exhausted all administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this chapter.
(b) A suit to contest an impact fee must be filed within 90 days after the date of adoption of the ordinance, order, or resolution establishing the impact fee.
(c) Except for roadway facilities, a person who has paid an impact fee or an owner of property on which an impact fee has been paid is entitled to specific performance of the services by the political subdivision for which the fee was paid.
(d) This section does not require construction of a specific facility to provide the services.
(e) Any suit must be filed in the county in which the major part of the land area of the political subdivision is located. A successful litigant shall be entitled to recover reasonable attorney's fees and court costs.
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 D. Other Provisions
Section 395.071. Duties to Be Performed Within Time Limits
Section 395.072. Records of Hearings
Section 395.073. Cumulative Effect of State and Local Restrictions
Section 395.074. Prior Impact Fees Replaced by Fees Under This Chapter
Section 395.075. No Effect on Taxes or Other Charges
Section 395.076. Moratorium on Development Prohibited
Section 395.078. Substantial Compliance With Notice Requirements
Section 395.079. Impact Fee for Storm Water, Drainage, and Flood Control in Populous County
Section 395.080. Chapter Not Applicable to Certain Water-Related Special Districts
Section 395.081. Fees for Adjoining Landowners in Certain Municipalities