Texas 2023 - 88th Regular

Texas Senate Bill SB2349

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to consent to the creation of certain political subdivisions.

Impact

The enactment of SB2349 has significant implications for the authority of municipalities over land within their extraterritorial jurisdictions. By limiting the ability of cities to impose discretionary conditions on the creation of water and sanitation districts, the bill looks to enhance service availability in rural and underserved areas. Communities that were previously hampered by lengthy approval processes or restrictive conditions from municipalities may benefit from faster development of services, which is particularly crucial for emerging and expanding populations.

Summary

SB2349 is a legislative proposal aimed at amending the Local Government Code and Water Code concerning the creation of certain political subdivisions, particularly those involved in providing essential services like water and sanitation. The bill seeks to establish explicit parameters under which municipalities must render consent for the creation of these subdivisions, emphasizing that cities can no longer impose additional conditions or restrictions on this consent beyond those expressly detailed in the relevant statutes. This change is intended to streamline the process of establishing political subdivisions, thereby facilitating quicker access to necessary services for communities outside city limits.

Sentiment

Support for SB2349 appears to derive primarily from constituents and stakeholders advocating for improved access to essential services. Proponents argue that the bill promotes economic growth and community development by reducing bureaucratic hurdles. However, there are concerns from municipal leaders who fear that the bill could diminish local governance and oversight abilities, leading to potential conflicts between newly established districts and city regulations or service standards.

Contention

Key points of contention surrounding SB2349 center on the balance of power between state legislatures and local municipalities. Critics point out that by restricting cities' abilities to oversee the creation of political subdivisions, the bill may lead to a lack of proper planning and coordination in service delivery. There is apprehension that this approach could foster a misalignment of services with local needs, especially if districts are empowered to operate without sufficient regulatory checks from the cities they are situated near.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 42. Extraterritorial Jurisdiction Of Municipalities
    • Section: 042
    • Section: 0425
    • Section: 043

Water Code

  • Chapter 54. Municipal Utility Districts
    • Section: 016
    • Section: 0161
    • Section: New Section

Companion Bills

TX HB5222

Identical Relating to consent to the creation of certain political subdivisions.

Similar Bills

TX HB5222

Relating to consent to the creation of certain political subdivisions.

TX HB4978

Relating to the creation of municipal utility districts in the extraterritorial jurisdiction of a municipality.

TX SB2685

Relating to municipal and county consent for the creation of and inclusion of territory in certain political subdivisions.

TX SB32

Relating to land development, waste management, and the creation of special districts in counties.

TX HB1916

Relating to approval of subdivision plats, improvement projects, and certain special districts by certain counties.

TX HB3603

Relating to the creation of the Joshua Farms Municipal Management District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments or fees.

TX HB3605

Relating to the creation of the Joshua Farms Municipal Management District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments or fees.

TX HB3132

Relating to the creation of the Presidio County Emergency Services District; providing authority to issue bonds and impose taxes.