By David Lehde, DBA Director of Government Affairs
SB 1883 also provides the opportunity for more input from those with stronger knowledge of the impact of impact fees via the requirement that 50% of the members of a capital improvement advisory committee (CIAC) be representatives of the real estate, development and building industry. The law also installs further guardrails to the process. The adoption of new or amended impact fees now requires a simple majority of two-thirds of the members of the governing body. There are also additional provisions that govern how frequently an entity may amend their impact fees. There is finally a long overdue requirement that a political subdivision conduct an independent audit for their existing impact fee collections, management, and expenditures before adopting an increase or a new impact fee for a service area that was under a previous impact fee. House Bill 2559 amended Chapter 212 of the Texas Local Government Code, requiring cities to provide a 30-day notice for a public hearing. The law further adds to transparency by requiring municipalities to send interested parties, via certified mail or registered mail, notice of the hearing. And two public readings of any proposed moratorium are now required and must be at least 28 days apart. The law removed an automatic temporary moratorium. HB 2559 restricts the duration of a moratorium to 90 days, unless the municipality adopts an extension based on written findings. And it prohibits adopting a moratorium that exceeds 180 days, including extensions. This law requires that a plan be provided to address purported shortages or public utility needs before a moratorium can be extended. This protects property owners from open-ended moratoriums that had occurred prior to HB 2559 becoming law. Builders and developers are reminded to keep these new laws in mind and to contact the Dallas BA should they have any concerns with actions in various municipalities or counties. ASSOCIATION’S CLAY SHOOT: An Opportunity to Reload Advocacy Funds The HOMEPAC Shootout, presented by BGE, Inc., is scheduled for August 12. The clay-shoot benefits HOMEPAC of Greater Dallas. This is a fun opportunity to support Dallas BA advocacy and enjoy the outdoors. The clay shoot will be hosted at the famed Elm Fork Shooting Sports facilities in Dallas. The event will begin with registration and breakfast at 8 a.m., followed by the clay shoot at 9 a.m. Lunch and posting of results will follow the shoot. The event format will be four- person teams. Partnerships are available at multiple levels. Registration and partner information can be found HERE . You can also contact the Director of Government Affairs at David.Lehde@DallasBuilders.com .
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