Linkage Fees Prohibited

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 program: (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. Added by Acts 2017, 85th Leg., R.S., Ch. 256 (H.B. 1449), Sec. 2, eff. May 29, 2017.