Sec. 212.210.  GENERAL REQUIREMENTS FOR CALCULATION OF FEES.  (a)  This section applies only to a municipality to which Section 212.211 does not apply.
(b)  A municipality shall determine the amount of a fee imposed under Section 212.205(a)(1) for land subject to a plan application by:
(1)  adding, as appropriate:
(A)  the product of the number of multifamily units proposed by the plan by the dwelling unit factor prescribed by Section 212.209(f)(1); and
(B)  the product of the number of hotel and motel rooms ordinarily used for sleeping proposed by the plan by the dwelling unit factor prescribed by Section 212.209(f)(2);
(2)  multiplying the sum calculated under Subdivision (1) by the average land value for the area in which the land is located; and
(3)  dividing the product calculated under Subdivision (2) by the applicable density factor.
(c)  For purposes of Subsection (b)(1), a municipality shall exclude from a plan application the number of affordable dwelling units proposed by the plan.
(d)  A municipality shall determine the amount of a fee imposed under Section 212.205(a)(2) for land subject to a plan application by:
(1)  calculating the amount of the fee for the land under Subsection (b); and
(2)  subtracting from the amount calculated under Subdivision (1) the product of the land value applicable to the land and the number of acres dedicated.
(e)  If a calculation made under Subsection (d) results in a negative number, the applicable landowner is entitled to receive from the applicable municipality the amount equal to the positive difference between the calculated amount and zero.  The municipality shall pay that amount to the landowner at the time of transfer of fee simple title or the recording of the easement.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 2023.