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 Attorney 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 legalinfo@tml.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
Texas Municipal League.

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