Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 395.011: AUTHORIZATION OF FEE.

(a) Unless otherwise specifically authorized by state law or this chapter, a governmental entity or political subdivision may not enact or impose an impact fee.
(b) Except as provided by Section 218.204 and Subsection (b-1), political subdivisions may enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions only by complying with this chapter.
(b-1) A political subdivision may not enact or impose an impact fee on land within its extraterritorial jurisdiction for roadway facilities.
(c) A municipality may contract to provide capital improvements, except roadway facilities, to an area outside its corporate boundaries and extraterritorial jurisdiction and may charge an impact fee under the contract, but if an impact fee is charged in that area, the municipality must comply with this chapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 778 (S.B. 840), Sec. 3, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1026 (S.B. 2477), Sec. 2, eff. September 1, 2025.

Where this section sits in the code

LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 395. FINANCING CAPITAL IMPROVEMENTS REQUIRED BY NEW DEVELOPMENT IN MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
SUBCHAPTER B. AUTHORIZATION OF IMPACT FEE

(a) Unless otherwise specifically authorized by state law or this chapter, a governmental entity or political subdivision may not enact or impose an impact fee.

(b) Except as provided by Section 218.204 and Subsection (b-1), political subdivisions may enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions only by complying with this chapter.

(b-1) A political subdivision may not enact or impose an impact fee on land within its extraterritorial jurisdiction for roadway facilities.

(c) A municipality may contract to provide capital improvements, except roadway facilities, to an area outside its corporate boundaries and extraterritorial jurisdiction and may charge an impact fee under the contract, but if an impact fee is charged in that area, the municipality must comply with this chapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 778 (S.B. 840), Sec. 3, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 1026 (S.B. 2477), Sec. 2, eff. September 1, 2025.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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