Sec. 212.211.  REQUIREMENTS CALCULATION OF FEES FOR MUNICIPALITIES WITH LOW FEES.  (a)  This section applies only to a municipality that after August 31, 2023, requires a parkland dedication fee for a multifamily, hotel, or motel development in an amount, calculated on a per dwelling unit basis, not greater than two percent of the median family income.
(b)  A municipality to which this section applies may set a parkland dedication fee.  If the municipality elects to set the fee in an amount greater than two percent of the municipality's median family income:
(1)  this section no longer applies to the municipality; and
(2)  the municipality must set the fee in accordance with Section 212.210.
(c)  A municipality shall determine the amount of a fee imposed under Section 212.205(a)(2) for land subject to a plan application by subtracting from the amount of the fee set under Subsection (b) the product of the land value applicable to the land and the number of acres dedicated.
(d)  If a calculation made under Subsection (c) 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.