Sec. 250.008.  LINKAGE FEES PROHIBITED.  (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.
Added by Acts 2017, 85th Leg., R.S., Ch. 256 (H.B. 1449), Sec. 2, eff. May 29, 2017.