{"data":{"id":"us-tx/tex.-local-government-code-250.008","jurisdiction":"us-tx","citation":"Tex. Local Government Code § 250.008","heading":"LINKAGE FEES PROHIBITED.","body":"(a) A political subdivision may not adopt or enforce a charter provision, ordinance, order, or other regulation that imposes, directly or indirectly, a fee on new construction for the purposes of offsetting the cost or rent of any unit of residential housing.\n(b) For purposes of this section:\n(1) a fee is imposed indirectly on new construction if a charter provision, ordinance, order, or other regulation allows acceptance by the political subdivision of a fee on new construction; and\n(2) new construction includes zoning, subdivisions, site plans, and building permits associated with new construction.\n(c) This section does not apply to:\n(1) an affordable housing and property tax abatement program:\n(A) adopted under Chapter 378 or Chapter 312, Tax Code, by a municipality with a population of more than 700,000; and\n(B) for which eligibility is maintained as required under Chapter 312, Tax Code, as applicable; or\n(2) an ordinance, order, or other similar measure that permits the voluntary payment of a fee in lieu of other consideration to a political subdivision in connection with the issuance of a zoning waiver related to new construction that allows a multifamily residential or commercial structure to exceed height or square footage limitations.\n(d) A charter provision, ordinance, order, or other regulation adopted by a political subdivision that conflicts with this section is null and void.\nAdded by Acts 2017, 85th Leg., R.S., Ch. 256 (H.B. 1449), Sec. 2, eff. May 29, 2017.","path":["LOCAL GOVERNMENT CODE","TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES","SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT","CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY"],"source_url":"https://statutes.capitol.texas.gov/Docs/LG/htm/LG.250.htm#250.008","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:27Z","sha256":"5e9646db72f4516d343bc5ce17a434df5d8a32cb81fe129cece28be26fa038c2","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-local-government-code-250.007","next":"us-tx/tex.-local-government-code-250.009"},"notice":"GroundRules: Original legal text. Not legal advice."}