WA0302-CS030828Does Your City Impose Impact Fees? Page 1 of 2
Legislative
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DOES YOUR CITY IMPOSE IMPACT
FEES?
Chapter 395 of the Local Government Code authorizes a city to impose
impact fees on landowners to cover the cost of capital improvements
necessary to serve new development. Section 395.082 provides that a
city that imposes an impact fee shall submit a written certification
verifying compliance with the requirements of Chapter 395 to the
attorney general each year. The certification must be signed by the
presiding officer of the governing body, be filed not later than the
last day of the city's fiscal year, and include a statement that reads
substantially similar to the following: "This statement certifies
compliance with Chapter 395, Local Government Code."
A city that fails to submit a certification is liable to the state for a civil
penalty in an amount equal to 10 percent of the amount of the impact
fees erroneously charged.
The certification should be sent to:
Texas Attomey General's Office
Attn: Intergovernmental Relations Division
P.O. Box 12548
Austin, Texas 78711-2548
For more information, contact the Texas Municipal League Legal
Services Department at 512-231-7400 or lcgal~'t!trnl.org.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the
Te.~as Municipal League.
http ://www.tml.org/legupdates/legis_update82903b_impact.htm 8/28/2003