85R9470 SCL-F     By: Simmons, et al. H.B. No. 1449     Substitute the following for H.B. No. 1449:     By:  Darby C.S.H.B. No. 1449       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 a charter provision,   ordinance, order, or other regulation that imposes, directly or   indirectly, a fee, charge, or demand on new construction for the   purposes of offsetting the cost or rent of any unit of residential   housing.          (b)  This section does not apply to:                (1)  a residential density bonus program in which a   zoning waiver is issued for a voluntary fee payment; or                (2)  the voluntary provision of affordable housing or   other defined public benefit.          (c)  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.