Tex.
Local Gov't Code Section 250.008
Linkage Fees Prohibited
(a)
A political subdivision may not adopt or enforce a charter provision, ordinance, order, or other regulation that imposes, directly or indirectly, a fee on new construction for the purposes of offsetting the cost or rent of any unit of residential housing.(b)
For purposes of this section:(1)
a fee is imposed indirectly on new construction if a charter provision, ordinance, order, or other regulation allows acceptance by the political subdivision of a fee on new construction; and(2)
new construction includes zoning, subdivisions, site plans, and building permits associated with new construction.(c)
This section does not apply to:(1)
an affordable housing and property tax abatement program:(A)
adopted under Chapter 378 or Chapter 312 (Property Redevelopment and Tax Abatement Act), Tax Code, by a municipality with a population of more than 700,000; and(B)
for which eligibility is maintained as required under Chapter 312 (Property Redevelopment and Tax Abatement Act), Tax Code, as applicable; or(2)
an ordinance, order, or other similar measure that permits the voluntary payment of a fee in lieu of other consideration to a political subdivision in connection with the issuance of a zoning waiver related to new construction that allows a multifamily residential or commercial structure to exceed height or square footage limitations.(d)
A charter provision, ordinance, order, or other regulation adopted by a political subdivision that conflicts with this section is null and void.
Source:
Section 250.008 — Linkage Fees Prohibited, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.250.htm#250.008 (accessed Jun. 5, 2024).
