Tex. Loc. Gov't Code § 250.008 · Chapter 250. MISCELLANEOUS REGULATORY AUTHORITY
LINKAGE FEES PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 256 (H.B. 1449), Sec. 2, eff. May 29, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.250.htm
- Text hash
- sha256 e59f41ee7f792643d6afc3be3a378ce0960ee6d3391fec68e706072b9aaca0b1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.