H.B. No. 1449
  relating to prohibiting local governments from imposing certain
  fees on new construction.
         SECTION 1.  The legislature finds that:
               (1)  fees and exactions imposed by political
  subdivisions to fund subsidized housing materially increase the
  cost of housing construction and other forms of construction in the
  state; and
               (2)  it is in the state's interest to incentivize
  housing affordability for Texas residents by circumscribing
  regulatory burdens imposed on the housing industry by political
         SECTION 2.  Chapter 250, Local Government Code, is amended
  by adding Section 250.008 to read as follows:
         Sec. 250.008.  LINKAGE FEES PROHIBITED. (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.
         (b)  For purposes of this section:
               (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
               (2)  new construction includes zoning, subdivisions,
  site plans, and building permits associated with new construction.
         (c)  This section does not apply to:
               (1)  an affordable housing and property tax abatement
                     (A)  adopted under Chapter 378 or Chapter 312, Tax
  Code, by a municipality with a population of more than 700,000; and
                     (B)  for which eligibility is maintained as
  required under Chapter 312, Tax Code, as applicable; or
               (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.
         (d)  A charter provision, ordinance, order, or other
  regulation adopted by a political subdivision that conflicts with
  this section is null and void.
         SECTION 3.  The change in law made by this Act does not apply
  to an agreement relating to providing subsidized housing entered
  into before the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1449 was passed by the House on May 3,
  2017, by the following vote:  Yeas 102, Nays 38, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1449 on May 20, 2017, by the following vote:  Yeas 107, Nays 27,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 1449 was passed by the Senate, with
  amendments, on May 18, 2017, by the following vote:  Yeas 27, Nays
  Secretary of the Senate   
  APPROVED: __________________