Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided July 17, 1986Published

1Opinion of the Court

Mr. Lias B. "Bubba" Steen Executive Director State Purchasing and General Services Commission P.O. Box 13047, Capital Station Austin, Texas 78711

Re: Whether the city of Austin may assess a capital recovery fee on state construction projects

Dear Mr. Steen:

You ask whether a home rule city may legally assess capital recovery fees against state construction projects. The city requires that the owner of any new construction must pay a capital recovery fee at the time a water tap is purchased. The amount of the fee is determined by the size and type of water meter required for the project. The fees…

2Cases cited8 opinions

  1. Lower Colorado River Authority v. City of San MarcosTexas Supreme Court · 1975
  2. City of Beaumont v. FertittaTexas Supreme Court · 1967
  3. Satterlee v. Gulf Coast Waste Disposal AuthorityTexas Supreme Court · 1978
  4. State v. Houston Lighting & Power Co.Court of Appeals of Texas · 1980
  5. Maverick County Water Control & Improvement District 1 v. StateCourt of Appeals of Texas · 1970

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