Texas Local Government Code
§ 212.906 — CERTAIN VALUE-BASED FEES AND DISCLOSURE OF CERTAIN INFORMATION PROHIBITED
LG § 212.906Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part A. MUNICIPAL REGULATORY AUTHORITY · Ch. 212. MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT · Art. Z. MISCELLANEOUS PROVISIONS
Statute text
View on source(a)This section applies only to an application, review, engineering, inspection, acceptance, administrative, or other fee imposed by a municipality related to the acceptance, review, or processing of engineering or construction plans or for the inspection of improvements for construction of a subdivision or lot or a related improvement associated with or required in conjunction with that construction.
(b)A municipality may not consider the cost of constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining the amount of a fee subject to this section. The municipality shall determine the fee by considering the municipality's actual cost to, as applicable, review and process the engineering or construction plan or to inspect the public infrastructure improvement.
(c)In determining the municipality's actual cost for reviewing and processing an engineering or construction plan or inspecting a public infrastructure improvement under Subsection (b), a municipality may consider:
(1)the fee that would be charged by a qualified, independent third-party entity for those services;
(2)the hourly rate for the estimated actual direct time of the municipality's employees performing those services; or
(3)the actual costs assessed to the municipality by a third-party entity that provides those services to the municipality.
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Legislative history
Added by Acts 2023, 88th Leg., R.S., Ch. 534 (H.B. 3492), Sec. 1, eff. September 1, 2023.