Texas § 250.008 LINKAGE FEES PROHIBITED.

Texas Statutes

§ 250.008 — LINKAGE FEES PROHIBITED.

Texas § 250.008

Code LGLocal Government Code

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Bluebook

Tex. Local Government Code Code Ann. § 250.008 (2026).

Text

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

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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.