Tex. Local Gov't Code Section 395.079
Impact Fee for Storm Water, Drainage, and Flood Control in Populous County

(a)

Any county that has a population of 3.3 million or more or that borders a county with a population of 3.3 million or more, and any district or authority created under Article XVI, Section 59, of the Texas Constitution within any such county that is authorized to provide storm water, drainage, and flood control facilities, is authorized to impose impact fees to provide storm water, drainage, and flood control improvements necessary to accommodate new development.

(b)

The imposition of impact fees authorized by Subsection (a) is exempt from the requirements of Sections 395.025 (Refunds), 395.052-395.057, and 395.074 (Prior Impact Fees Replaced by Fees Under This Chapter) unless the political subdivision proposes to increase the impact fee.

(c)

Any political subdivision described by Subsection (a) is authorized to pledge or otherwise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued or incurred by or on behalf of the political subdivision and to the payment of any other contractual obligations.

(d)

An impact fee adopted by a political subdivision under Subsection (a) may not be reduced if:

(1)

the political subdivision has pledged or otherwise contractually obligated all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision; and

(2)

the political subdivision agrees in the pledge or contract not to reduce the impact fees during the term of the bonds, notes, or other contractual obligations.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 107, eff. Sept. 1, 2001.

Source: Section 395.079 — Impact Fee for Storm Water, Drainage, and Flood Control in Populous County, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­395.­htm#395.­079 (accessed May 26, 2025).

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
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Verified:
May 26, 2025

§ 395.079. Impact Fee for Storm Water, Drainage, & Flood Control in Populous Cnty.'s source at texas​.gov