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 Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 395.013’s source at texas​.gov