Amends TCA Title 67, Chapter 4, Part 29.
After June 20, 2006, present law provides that a county is not authorized to enact an impact fee on development or a local real estate transfer tax by private or public act. In addition, the County Powers Relief Act ("Act") is the exclusive authority for local governments to adopt any new or additional adequate facilities taxes on development. However, the Act does not prevent a municipality or county from exercising any authority to levy or collect similar development taxes or impact fees granted by a private act that was in effect prior to June 20, 2006, or from revising the dedicated use and purpose of a tax on new development from public facilities to public school facilities. A county levying a development tax or impact fee by private act on June 20, 2006, is prohibited from using the authority provided in the Act so long as the private act is in effect.<br /> <br /> This bill rewrites the provisions above to provide, instead, the following:<br /> <br /> (1) After June 20, 2006, a county must not enact an impact fee on residential development or a local real estate transfer tax by private or public act;<br /> <br /> (2) The Act is the exclusive authority for local governments to adopt any new or additional adequate facilities taxes on residential development. However, this provision does not prevent a municipality or county from exercising any authority to levy or collect similar residential development taxes or impact fees granted by a private act that was in effect prior to June 20, 2006, or from revising the dedicated use and purpose of a tax on new residential development from public facilities to public school facilities;<br /> <br /> (3) A county levying a residential development tax or impact fee by private act on June 20, 2006, must not use the authority provided in the Act so long as the private act is in effect; and<br /> <br /> (4) The Act does not prohibit a local government from exercising any authority to levy or collect a development tax other than a residential development tax granted by a private act that was in effect prior to June 20, 2006.<br />
After June 20, 2006, present law provides that a county is not authorized to enact an impact fee on development or a local real estate transfer tax by private or public act. In addition, the County Powers Relief Act ("Act") is the exclusive authority for local governments to adopt any new or additional adequate facilities taxes on development. However, the Act does not prevent a municipality or county from exercising any authority to levy or collect similar development taxes or impact fees granted by a private act that was in effect prior to June 20, 2006, or from revising the dedicated use and purpose of a tax on new development from public facilities to public school facilities. A county levying a development tax or impact fee by private act on June 20, 2006, is prohibited from using the authority provided in the Act so long as the private act is in effect.<br /> <br /> This bill rewrites the provisions above to provide, instead, the following:<br /> <br /> (1) After June 20, 2006, a county must not enact an impact fee on residential development or a local real estate transfer tax by private or public act;<br /> <br /> (2) The Act is the exclusive authority for local governments to adopt any new or additional adequate facilities taxes on residential development. However, this provision does not prevent a municipality or county from exercising any authority to levy or collect similar residential development taxes or impact fees granted by a private act that was in effect prior to June 20, 2006, or from revising the dedicated use and purpose of a tax on new residential development from public facilities to public school facilities;<br /> <br /> (3) A county levying a residential development tax or impact fee by private act on June 20, 2006, must not use the authority provided in the Act so long as the private act is in effect; and<br /> <br /> (4) The Act does not prohibit a local government from exercising any authority to levy or collect a development tax other than a residential development tax granted by a private act that was in effect prior to June 20, 2006.<br />
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