Sec. 395.049. NOTICE OF HEARING ON IMPACT FEE  


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  • (a) Before the 30th day before the date of the hearing on the imposition of an impact fee, the political subdivision shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of the hearing within two years preceding the date of adoption of the order or resolution setting the public hearing.

    (b) The political subdivision shall publish notice of the hearing before the 30th day before the date set for the hearing, in one or more newspapers of general circulation in each county in which the political subdivision lies. However, a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may publish the required newspaper notice only in each county in which the service area lies.

    (c) The notice must contain the following:

    (1) a headline to read as follows:

    "NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES"

    (2) the time, date, and location of the hearing;

    (3) a statement that the purpose of the hearing is to consider the adoption of an impact fee;

    (4) the amount of the proposed impact fee per service unit; and

    (5) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Amended by Acts 2001, 77th Leg., ch. 345, Sec. 5, eff. Sept. 1, 2001.