Tex. Loc. Gov't Code § 395.077 · Subchapter D. OTHER PROVISIONS
APPEALS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person who has exhausted all administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this chapter.
(b) A suit to contest an impact fee must be filed within 90 days after the date of adoption of the ordinance, order, or resolution establishing the impact fee.
(c) Except for roadway facilities, a person who has paid an impact fee or an owner of property on which an impact fee has been paid is entitled to specific performance of the services by the political subdivision for which the fee was paid.
(d) This section does not require construction of a specific facility to provide the services.
(e) Any suit must be filed in the county in which the major part of the land area of the political subdivision is located. A successful litigant shall be entitled to recover reasonable attorney's fees and court costs.
(f) The attorney general may bring an action on behalf of a property owner to contest an impact fee or to recover a refund for an impact fee under Section 395.025.
Notes and commentary — not statutory text
History
Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 506 (S.B. 1883), Sec. 8, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.395.htm
- Text hash
- sha256 f34fa872a9d257afe95ca1048af207e1805869eabe3b885f366eda01be3ff492
- 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
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Local Government Code
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.