Tex. Local Gov't Code Section 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 (Items Payable by Fee).
Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.

Source: Section 395.013 — Items Not Payable by Fee, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­395.­htm#395.­013 (accessed Jun. 5, 2024).

395.001
Definitions 395.011
Authorization of Fee 395.012
Items Payable by Fee 395.013
Items Not Payable by Fee 395.014
Capital Improvements Plan 395.015
Maximum Fee Per Service Unit 395.016
Time for Assessment and Collection of Fee 395.017
Additional Fee Prohibited 395.018
Agreement with Owner Regarding Payment 395.019
Collection of Fees if Services Not Available 395.020
Entitlement to Services 395.021
Authority of Political Subdivisions to Spend Funds to Reduce Fees 395.022
Authority of Political Subdivision to Pay Fees 395.023
Credits Against Roadway Facilities Fees 395.024
Accounting for Fees and Interest 395.025
Refunds 395.041
Compliance with Procedures Required 395.042
Hearing on Land Use Assumptions and Capital Improvements Plan 395.043
Information About Land Use Assumptions and Capital Improvements Plan Available to Public 395.044
Notice of Hearing on Land Use Assumptions and Capital Improvements Plan 395.045
Approval of Land Use Assumptions and Capital Improvements Plan Required 395.047
Hearing on Impact Fee 395.049
Notice of Hearing on Impact Fee 395.050
Advisory Committee Comments on Impact Fees 395.051
Approval of Impact Fee Required 395.052
Periodic Update of Land Use Assumptions and Capital Improvements Plan Required 395.053
Hearing on Updated Land Use Assumptions and Capital Improvements Plan 395.054
Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee 395.055
Notice of Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee 395.056
Advisory Committee Comments on Amendments 395.057
Approval of Amendments Required 395.058
Advisory Committee 395.071
Duties to Be Performed Within Time Limits 395.072
Records of Hearings 395.073
Cumulative Effect of State and Local Restrictions 395.074
Prior Impact Fees Replaced by Fees Under This Chapter 395.075
No Effect on Taxes or Other Charges 395.076
Moratorium on Development Prohibited 395.077
Appeals 395.078
Substantial Compliance with Notice Requirements 395.079
Impact Fee for Storm Water, Drainage, and Flood Control in Populous County 395.080
Chapter Not Applicable to Certain Water-related Special Districts 395.081
Fees for Adjoining Landowners in Certain Municipalities 395.0411
Capital Improvements Plan 395.0455
Systemwide Land Use Assumptions 395.0575
Determination that No Update of Land Use Assumptions, Capital Improvements Plan or Impact Fees Is Needed
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 395.013’s source at texas​.gov