Texas lawmakers are once again pitted against each other over local control—this time, through a
bill that prevents something called linkage fees.
The author of the bill, Rep. Ron Simmons, R-Carrollton, said his proposed legislation would bar local municipalities from implementing fees, on new housing projects to offset the cost or rent of residential housing. He referred to these fees as taxes.
Essentially, cities can use these fees to recoup money that can later be used to provide additional affordable housing, something that is in high demand throughout the state.
If passed, the bill would pre-empt any action of this nature across the state of Texas, even though Simmons said no municipalities impose linkage fees.
"This would not affect any policies in place today," Simmons said. "No city has any linkage fees in place."
Simmons said he has seen some cities impose fees up to $60 per square foot but once questioned, he revealed that fee was imposed in San Francisco, one of the top 25 most expensive housing markets, per a 2016 study by
Business Insider.
Supporters of the bill say it could discourage new construction and increase the price of housing.
Democrats railed against the bill, saying it both superseded local control and would prevent municipalities from doing what they can to provide affordable housing for residents.
Rep. Garnet Coleman, D-Houston, questioned Simmons asking if this was a sign of the disappearing notion of local control.
"Whatever happened to local control?" he asked. "Was that a concept that was only around when it was convenient?"
When Coleman asked Simmons whether home rule and general rule cities should be able to determine their own destinies, the bill's author said he did not think the concept applied to fees imposed by cities.
"If there is an issue in your city, deal with it at the city council level," Rep. Ramon Romero, D-Fort Worth, said. "This should be going city by city."
One by one, various city delegations attempted to carve their own municipalities out of the bill through amendments. Amendments proposing exemptions for the cities of Dallas, Austin and Houston all failed.
Rep. Joe Moody, D-El Paso, eventually raised a point of order, the ultimate attempt to halt any piece of legislation, against the bill, right before a final vote was to be taken.
The point of order was overturned, the bill received its third and final vote in the House, and was approved 102-38.
The bill will next move to the Senate.