85R8196 SCL-F     By: Nelson S.B. No. 852       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting local governments from imposing certain   fees on new construction.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          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   subdivisions.          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 an ordinance, order, policy,   or other measure that imposes, directly or indirectly, a fee or   other charge on new construction for the purposes of offsetting the   cost or rent of any unit of residential housing.          (b)  Subsection (a) does not affect the authority of a   political subdivision to impose a fee for granting an exemption or   waiver from a zoning-related height restriction on a structure.          SECTION 3.  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.