HomeMy WebLinkAbout2026-009 Capital Improvements Advisory Committee November 7,2025 Report No. 2025-009
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Capital Improvements Advisory Committee
SUMMARY:
SB 1883 was approved as part of the 89th Legislative Session, amending several sections of Texas
Local Government Code (TLGC) Chapter 395 relating to the collection of impact fees and
establishment of a Capital Improvements Advisory Committee (CIAC). As a result of these
changes, the City of Denton is required to create a new body to serve as the CIAC, ensuring the
establishing ordinance satisfies the requirements of the State Statute.
BACKGROUND:
At the September 30, 2025 City Council Work Session, staff provided City Council with an
overview of SB 1883 which was approved as part of the 89th Legislative Session and amended
several sections of Texas Local Government Code (TLGC) Chapter 395 relating to the collection
of impact fees and establishment of a Capital Improvements Advisory Committee (CIAC). As
part of the discussion, staff provided a summary of provisions in TLGC Chapter 395, specifically
the requirements surrounding establishment of a CIAC that existed prior to the 891h legislative
session and the City of Denton's current CIAC. Staff concluded the presentation by providing a
summary of changes needed to the composition of the CIAC as a result of recent amendments to
the State Statute and sought Council direction on the creation of a new CIAC Ordinance. A
summary of the information provided during Work Session may be found in the "CIAC History"
portion of this report.
During the Work Session Discussion, City Council reached consensus on the following staff
recommendations relating to the establishment of the CIAC:
• Given the requirements that a minimum 50 percent of the membership of the CIAC be
comprised by a representative of the real estate, development, or building industries and
that these representatives may not be employees or officials of the political subdivision, a
new Committee shall be created to serve as the CIAC rather than appointing an existing
body to serve in this capacity.
• Submittal of a resume shall be required prior to an individual being appointed to the CIAC
to assist in monitoring compliance with the specific membership requirements of this body.
• A body of eight members shall be appointed, allowing each member of City Council to
have an at-large appointee. It is important to note that the CIAC must also include one
representative from the Extraterritorial Jurisdiction (ETJ). During the Work Session
discussion, City Council inquired if staff could nominate the representative of the ETJ.
Staff stated they could not nominate representatives but could inform Council of
individuals who may be interested in the position so that they could bring forward a
November 7,2025 Report No. 2025-009
nomination. In addition, staff indicated there is currently an ETJ representative serving on
the CIAC and staff would contact this representative to inquire if they had interest in
continuing to serve. Staff could then inform Council of their interest, and at that time a
member of Council could nominate the individual. Any member of Council may nominate
a representative from the ETJ to fulfil membership requirements.
• Term lengths shall be four years for CIAC members and shall be staggered so that
appointees of odd number places (Places 1, 3, 5, and 7) end on Augst 3V of odd ending
years and appointees of even number places (Places 2, 4, and 6) and the ETJ member's
term end on August 31 sc of even ending years.
In addition, City Council requested to add the following requirements relating to CIAC
membership to the establishing ordinance:
• Members of the CIAC shall be at least 21 years of age in order to serve on the Committee;
and
• Members of the CIAC are required to have been a resident of the City of Denton for at least
two years prior to being eligible to serve on the Committee. This provision would not apply
to the member of the CIAC representing the ETJ.
At the November 18, 2025 City Council meeting, staff will bring forth an ordinance for Council
consideration establishing the CIAC and incorporating the above Council agreed upon provisions
relating to establishment and membership of the Committee.
CIAC History:
TLGC Chapter 395 authorizes the collection of impact fees to be charged to new developments to
offset the costs of capital improvements related to water,wastewater, and roadway improvements.
In order to assess impact fees, Chapter 395 requires the establishment of a Capital Improvements
Advisory Committee to review and comment on land use assumptions,capital improvement plans,
and proposed impact fees. Section 395.058 sets forth the requirements for the establishment and
composition of the CIAC. Due to recent passage of SB 1883 and updates to the State Statute
regarding the composition of the CIAC, staff will be bringing forth a work session item to seek
direction from City Council regarding establishment of a new Capital Improvement Advisory
Committee (see Exhibit 1).
Prior to the 89t" Legislative Session, TLGC Section 395.058(b) specified the CIAC be composed
of not less than Eve members appointed by the governing body of the political subdivision. Of this
body, not less than 40 percent of the CIAC membership was required to be representatives of the
real estate, development, or building industries who are not employees or officials of a political
subdivision or governmental entity. Section 395.058(b)also allowed for cities with a Planning and
Zoning Commission, to utilize the Commission as the CIAC provided the Commission included
at least one representative of the real estate, development, or building industry who is not an
employee or official of a political subdivision or governmental entity. Furthermore,in cities where
impact fees were applied to areas within the extraterritorial jurisdiction (ETJ), a representative of
this area was required to be included in the CIAC.
The City of Denton has implemented impact fees for water and wastewater infrastructure since
1998, and for roadway improvements since 2016. With the implementation of water and
November 7,2025 Report No. 2025-009
wastewater fees in 1998, and the subsequent updates,the City of Denton utilized the Planning and
Zoning Commission as the CIAO.
In 2018, as a requirement before updating impact fees, the City Council approved Ordinance 18-
411 appointing the Planning and Zoning Commission, plus one ad hoc member from the ETJ, as
the Capital Improvement Advisory Committee pursuant to Texas Local Government Code 395.058
(see Exhibit 2).
The adopting ordinance specifies the roles of the CIAC are to:
• Advise and assist the City Council in adopting land use assumptions;
• Review the capital improvements plans and file written comments;
• Monitor and evaluate implementation of the capital improvements plan;
• File semiannual reports with respect to the progress of the capital improvements plan and
reports to the political subdivision any perceived inequities in implementing the plan or
imposing the impact fee; and
• Advise the City Council of the need to update or revise the land use assumptions, capital
improvements plan, and impact fee.
Given the above-mentioned responsibilities of the CIAC, the Committee currently meets twice a
year to review the semiannual reports on the progress of the capital improvements plan. The
Committee may be asked to increase meeting frequency when the City is reviewing and updating
impact fees.
SB 1883 went into effect September 1, 2025 and amends several sections of TLGC 395, including
Section 395.058(b) by removing language within the subsection which authorizes the use of the
Planning and Zoning Commission as the CIAC. Furthermore, 395.058(b) was also amended to
specify that minimum of 50 percent of the membership of the CIAC shall be comprised by a
representative of the real estate, development, or building industries. Representatives may not be
employees or officials of the political subdivision. These changes, coupled with the requirements
in the City Charter Section 10.02 that members of the Planning and Zoning Commission shall not
hold any other public office or position in the City while serving on the Planning and Zoning
Commission, necessitate the establishment of a new CIAC for the City of Denton.
Requirements specified in SB 1883 will also affect how frequently the CIAC may need to meet,
particularly when evaluating new impact fees. SB 1883 amends TLGC 395 by adding Section
395.059 which requires cities to conduct an independent financial audit prior to the adoption of a
new impact fee for services areas where a fee had previously been adopted. This report must be
performed by an independent auditor, certified by the Texas State Board, and not previously
employed by the political subdivision in the last 12 months. Section 395.05(c) details the
components the independent audit must detail, including but not limited to, fees collected, fees
assessed, proposed capital improvements or facility expansions financed from fees collected, and
fees collected but not yet spent. The findings of this audit must be presented to the CIAC prior to
the increase of an existing impact fee or adoption of a new one.
ATTACHMENTS:
November 7,2025 Report No. 2025-009
Exhibit 1 — SB 1883
Exhibit 2—Ordinance No. 18-411
STAFF CONTACT:
Angie Manglaris, AICP
Assistant Planning Director, Development Services
an ig e.man lg arisgcityofdenton.com
REQUESTOR: Staff Initiated
STAFF TIME TO COMPLETE REPORT: 3 hours
PARTICIPATING DEPARTMENTS: City Manager's Office, Development Services
Department, City Secretary's Office, City Attorney's Office
S . B . No . 1883
1 AN ACT
2 relating to the approval of land use assumptions , capital
3 improvement plans , and impact fees .
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :
5 SECTION 1 . Section 395 . 043 , Local Government Code , is
6 amended to read as follows :
7 Sec . 395 . 043 . INFORMATION ABOUT LAND USE ASSUMPTIONS AND
8 CAPITAL IMPROVEMENTS PLAN AVAILABLE TO PUBLIC . At least 60 days [9�r
9 ems] before the date of the first publication of the notice of the
10 hearing on the land use assumptions and capital improvements plan ,
11 the political subdivision shall make available to the public its
12 land use assumptions , the time period of the projections , and a
13 description of the capital improvement facilities that may be
14 proposed .
15 SECTION 2 . Section 395 . 051 (a) , Local Government Code , is
16 amended to read as follows :
17 ( a ) The political subdivision, within 30 days after the date
18 of the public hearing on the imposition of an impact fee , shall
19 approve or disapprove the imposition of an impact fee . Approval of
20 the imposition of an impact fee by a political subdivision requires
21 an affirmative vote of two-thirds of the members of the governing
22 body of the political subdivision .
23 SECTION 3 . Subchapter C, Chapter 395 , Local Government
24 Code , is amended by adding Section 395 . 0515 to read as follows
1
S . B . No . 1883
1 Sec . 395 . 0515 . LIMITATION ON IMPACT FEE INCREASE . A
2 political subdivision may not increase the amount of an impact fee
3 for three years from the later of the date the fee was adopted or
4 most recently increased, if applicable . Nothing in this section
5 prohibits the political subdivision from implementing an impact fee
6 collection schedule that allows less than the maximum adopted
7 impact fee to be collected or phased in up to the maximum adopted
8 impact fee for a period not to exceed ten years , as authorized by
9 this chapter .
10 SECTION 4 . Section 395 . 053 , Local Government Code , is
11 amended to read as follows :
12 Sec . 395 . 053 . HEARING ON UPDATED LAND USE ASSUMPTIONS AND
13 CAPITAL IMPROVEMENTS PLAN . The governing body of the political
14 subdivision shall , within 120 [4-&] days after the date it receives
15 the update of the land use assumptions and the capital improvements
16 plan, adopt an order setting a public hearing to discuss and review
17 the update and shall determine whether to amend the plan .
18 SECTION 5 . Section 395 . 054 , Local Government Code , is
19 amended to read as follows :
20 Sec . 395 . 054 . HEARING ON AMENDMENTS TO LAND USE
21 ASSUMPTIONS , CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEE . A public
22 hearing must be held by the governing body of the political
23 subdivision to discuss the proposed ordinance , order, or resolution
24 amending land use assumptions , the capital improvements plan, or
25 the impact fee . At least 60 days [Gn e- ] before the date of the
26 first publication of the notice of the hearing on the amendments ,
27 the land use assumptions and the capital improvements plan,
2
S . B . No . 1883
1 including the amount of any proposed amended impact fee per service
2 unit , shall be made available to the public .
3 SECTION 6 . Section 395 . 058 (b) , Local Government Code , is
4 amended to read as follows :
5 (b ) The advisory committee is composed of not less than five
6 members who shall be appointed by a majority vote of the governing
7 body of the political subdivision . Not less than 50 [4-4-] percent of
8 the membership of the advisory committee must be representatives of
9 the real estate , development , or building industries who are not
10 employees or officials of a political subdivision or governmental
11 entity . [
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15 aEfi e i-a-1 o f a jqe4!4!t i e c e__e L __e_ t- _ , entice
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18 44C ate i-e-a-st e n e—s ttel=� re e-s _ _ . _ _ s arre4mnte �q y t h e 1= = 4= -- - =1
19
20 . ] If the impact
21 fee is to be applied in the extraterritorial jurisdiction of the
22 political subdivision , the membership must include a
23 representative from that area .
24 SECTION 7 . Subchapter C , Chapter 395 , Local Government
25 Code , is amended by adding Section 395 . 059 to read as follows :
26 Sec . 395 . 059 . INDEPENDENT FINANCIAL AUDIT . ( a) Before a
27 political subdivision may increase an existing impact fee or adopt
3
S . B . No . 1883
1 a new impact fee for a service area where an impact fee had
2 previously been adopted, the political subdivision must conduct an
3 independent financial audit in accordance with this section .
4 (b ) An independent financial audit conducted under this
5 section must be performed by an independent auditor who :
6 ( 1 ) is a certified public accountant or public
7 accountant licensed by the Texas State Board of Public Accountancy;
8 and
9 ( 2 ) is not , and has not been during the 12 months
10 preceding the commencement of the audit , under contract to provide
11 any other service to the political subdivision or a related entity
12 of the political subdivision .
13 ( c ) An independent financial audit conducted under this
14 section must provide , if applicable , a detailed accounting of :
15 ( 1 ) the amount of funds collected from any impact fee
16 imposed by the political subdivision in the service area ;
17 ( 2 ) the amount of interest accumulated under Section
18 395 . 025 on impact fees collected by the political subdivision in
19 the service area ;
20 ( 3 ) any proposed capital improvements or facility
21 expansions to be financed from an impact fee collected by the
22 political subdivision in the service area that were not
23 constructed, as described by Section 395 . 025 , including the
24 categories of each improvement and expansion ;
25 ( 4 ) the amount of funds collected from impact fees by
26 the political subdivision in the service area that have not been
27 spent ;
4
S . B . No . 1883
1 ( 5 ) each impact fee collected by the political
2 subdivision in the service area ;
3 ( 6 ) the allocation of each impact fee made to the
4 political subdivision in the service area ;
5 ( 7 ) any waived impact fees in the service area under
6 Section 395 . 016 ( g) ;
7 ( 8 ) any requested refunds of impact fees in the
8 service area under Section 395 . 025 ;
9 ( 9 ) any impact fees in the service area refunded under
10 Section 395 . 025 ; and
11 ( 10 ) any errors or omissions of credits in impact fee
12 calculations for impact fees in the service area .
13 (d) An independent financial audit conducted under this
14 section must be submitted to the political subdivision and advisory
15 committee described by Section 395 . 058 . Before the political
16 subdivision may increase an existing impact fee or adopt a new
17 impact fee for a service area where an impact fee had previously
18 been adopted, the political subdivision must hold a public hearing
19 on the results of the audit received under this subsection .
20 ( e ) A political subdivision shall make available to the
21 public on the political subdivision ' s Internet website an
22 applicable independent financial audit at least 30 days before :
23 ( 1 ) the publication of notice required under Section
24 395 . 044 ; and
25 ( 2 ) the adoption of an order as required under Section
26 395 . 053 .
27 ( f ) A political subdivision may use money collected from an
5
S . B . No . 1883
1 impact fee to conduct an audit required under this section .
2 SECTION 8 . Section 395 . 077 , Local Government Code , is
3 amended by adding Subsection ( f ) to read as follows :
4 ( f ) The attorney general may bring an action on behalf of a
5 property owner to contest an impact fee or to recover a refund for
6 an impact fee under Section 395 . 025 .
7 SECTION 9 . Section 395 . 078 , Local Government Code , is
8 repealed .
9 SECTION 10 . Section 395 . 059 , Local Government Code , as
10 added by this Act , applies only to a new impact fee or an increase to
11 an existing impact fee adopted on or after the effective date of
12 this Act .
13 SECTION 11 . Sections 395 . 043 and 395 . 054 , Local Government
14 Code , as amended by this Act , apply only to a land use assumption,
15 capital improvement plan, or impact fee that is the subject of a
16 public hearing required to be held by Section 395 . 042 or 395 . 053 of
17 that code , as applicable , that is held on or after the 90th day
18 after the effective date of this Act . A land use assumption,
19 capital improvement plan , or impact fee subject to a public hearing
20 that is held before the 90th day after the effective date of this
21 Act is governed by the law in effect immediately before the
22 effective date of this Act, and the former law is continued in
23 effect for that purpose .
24 SECTION 12 . Section 395 . 051 ( a) , Local Government Code , as
25 amended by this Act, applies only to the approval of the imposition
26 of an impact fee on or after the effective date of this Act .
27 SECTION 13 . Section 395 . 0515 , Local Government Code , as
6
S . B . No . 1883
1 added by this Act , applies only to the increase of the amount of an
2 impact fee that is adopted on or after the effective date of this
3 Act .
4 SECTION 14 . This Act takes effect September 1 , 2025 .
7
S . B . No . 1883
------------------------------ ------------------------------
President of the Senate Speaker of the House
I hereby certify that S . B . No . 1883 passed the Senate on
April 23 , 2025 , by the following vote : Yeas 26 , Nays 5 ; and that
the Senate concurred in House amendments on May 21 , 2025 , by the
following vote : Yeas 26 , Nays 5 .
------------------------------
Secretary of the Senate
I hereby certify that S . B . No . 1883 passed the House , with
amendments , on May 16 , 2025 , by the following vote : Yeas 87 ,
Nays 32 , one present not voting .
------------------------------
Chief Clerk of the House
Approved :
------------------------------
Date
------------------------------
Governor
8
ORDINANCE NO. 18-411
AN ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY
COMMITTEE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §395.058 AS
A REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE
PLANNING AND ZONING COMMISSION'S MEMBERS AS MEMBERS OF THE
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING FOR THE
APPOINTMENT OF ONE ADDITIONAL AD HOC MEMBER TO THE CAPITAL
IMPROVEMENTS ADVISORY COMMITTEE FROM THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE
ADOPTION OF PROCEDURAL RULES FOR THE CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE TO FOLLOW IN PERFORMING OUT ITS DUTIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Denton, Texas desires to authorize impact fees pursuant to
Chapter 395 of the Texas Local Government Code; and
WHEREAS, on November 19, 2013, the City Council considered, approved, and
authorized impact fees as provided in Ordinance No. 2013-326; now five (5) years has
passed, and the City Council, in accordance with the applicable Texas law, must conduct
appropriate activities regarding the imposition of impact fees for an additional five (5) year
period; and
WHEREAS, a Capital Improvements Advisory Committee is required to be created
before any impact fees can be authorized in accordance with §395.058 of the Texas Local
Government Code; and
WHEREAS, such Capital Improvements Advisory Committee is to serve in an
advisory capacity and is established to:
(1) advise and assist the City Council in adopting land use assumptions;
(2) review the capital improvements plans and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semiannual reports with respect to the progress of the capital
improvements plan and report to the political subdivision any perceived inequities
in implementing the plan or imposing the impact fee; and
(5) advise the City Council of the need to update or revise the land use
assumptions, capital improvements plan, and impact fee; and
WHEREAS, the City Council desires that the Planning and Zoning Commission of
the City of Denton, Texas, consisting of seven (7) members, act as the advisory committee
since the Commission has more than one (1)representative of the real estate, development,
or building industry who are not employees or officials of a political subdivision or
governmental entity; which Commission shall constitute a portion of the membership of
the Capital Improvements Advisory Committee as provided by law; and
WHEREAS, the City Council desires that any authorized impact fees be applied in
the extraterritorial jurisdiction of the City of Denton, Texas; therefore one (1) additional ad
hoc voting member of the Capital Improvements Advisory Committee must be selected
from the extraterritorial jurisdiction of the City of Denton; and NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION_ 1. The recitations which are set forth above in this Ordinance are
expressly incorporated by reference herewith, as if made a part of this Ordinance.
SECTION 2. The City Council establishes the Denton Capital Improvements
Advisory Committee pursuant to Texas Local Government Code §395.058 as a prerequisite
of authorizing impact fees.
SECTION 3. The Denton Capital Improvements Advisory Committee shall consist
of eight members; seven shall be the members of the City of Denton Planning and Zoning
Commission and one shall be appointed ad hoc from the extraterritorial jurisdiction of the
City of Denton, Texas. All eight (8) members of the Capital Improvements Advisory
Committee shall be voting members thereof. The terms of the members shall parallel those
terms of the City of Denton Planning and Zoning Commission, except that the ad hoc
member from the extraterritorial jurisdiction of the City of Denton,Texas shall serve a term
of two (2) years and shall be appointed in odd-numbered years.
SECTION 4: Robin Harris,P.E., a person residing in the extraterritorial jurisdiction
of the City of Denton, Texas, is well-qualified to serve, and is accordingly appointed as an
ad hoc voting member of the Capital Improvements Advisory Committee.
SECTION 5. It is understood that the ad hoc member from the extraterritorial
jurisdiction of j the City of Denton, Texas, appointed in Section 3 above, shall have no
authority to serve or deliberate as a i-iicinber of the Planning and Zoning Commission of the
City of Denton, and shall serve only as a member of the Capital Improvements Advisory
Committee.
SIX"TION 6 The duties of the Capital Improvements Advisory Committee shall
consist of the requirements listed in Texas Local Government Code §395.058(c) and(d) as
currently written, and any other duties as may be required by amendment of that statute.
8,1 TION 7, The City Council designates procedural rules for the Capital
Improve netits Advisory Committee to follow in carrying out its duties by requiring it to
follow the City Council Rules of Procedure as set forth in Section 2-29, Code of
Ordinances, City of Denton, as amended, and adopting those procedural rules as the rules
of the Advisory Committee.
SECTION 8. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the r day of March, 2018,
CHRI -ATTS, MAYOR
ATTEST:
.Ply f I�l'��ER WALTERS, CITY SECRETARY
BY:( m�,,)4L;
PPI , 'E;I AS TO LEGAL FORM:
AARON LEAL, CITY TTORNEY
BY: __ .. w