Texas 2023 - 88th Regular

Texas Senate Bill SB1546

Filed
3/3/23  
Out of Senate Committee
5/3/23  
Voted on by Senate
5/9/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of certain special districts and corporations created by certain special districts to exercise certain rights and powers outside district boundaries.

Impact

The implications of SB1546 on state law are significant, particularly in how special districts operate. By restricting these entities from expanding their activities into real estate developments outside their boundaries, the bill seeks to uphold local authority and prevent potential conflicts that could arise from special districts attempting to exert control over areas not directly within their jurisdiction. This change could lead to a reclamation of local decision-making power regarding zoning and land use, aligning regulations more closely with the needs and preferences of local communities.

Summary

Senate Bill 1546, introduced by Senator Bettencourt, seeks to limit the rights and powers of certain special districts and corporations in Texas regarding activities outside their established geographical boundaries. Specifically, the bill prohibits these entities from acquiring, leasing, or developing multifamily residential properties outside their districts. This legislative measure aims to address concerns regarding the overreach of special districts into real estate markets beyond their intended operational areas, reinforcing local governance and ensuring that special districts' powers are exercised within their defined limits.

Sentiment

General sentiment surrounding SB1546 appears to be supportive among those advocating for local control of land use and property rights. Proponents of the bill, including various local government officials and organizations, view it as a necessary step to curtail the expansionist tendencies of special districts. Nonetheless, the bill may face some resistance from entities that benefit from the current regulatory framework allowing for these broader powers, suggesting a division in perspectives among stakeholders. The discussions around the bill reflect a desire to balance district authority with community needs.

Contention

A notable point of contention in the debates surrounding SB1546 pertains to the potential for special districts, especially those organized for infrastructure and utility purposes, to effectively manage resources or infrastructure projects in broader regions. While supporters argue that limiting the reach of these districts can prevent misuse of powers and protect local interests, critics might assert that such restrictions could hinder essential regional collaboration on infrastructural development. The challenge lies in finding the appropriate balance between local control and the operational effectiveness of special districts in the communities they serve.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 22. Aldermanic Form Of Government In Type A General-law Municipality
    • Section: New Section

Companion Bills

TX HB5171

Identical Relating to the authority of a special district to exercise a right or power outside the district's boundaries.

Similar Bills

AR SB425

To Amend Various Provisions Of The Arkansas Code Concerning Enhanced Transportation; And To Declare An Emergency.

TX HB1

Relating to the composition of districts for the election of members of the Texas House of Representatives.

KY HR1

A RESOLUTION establishing the 2025 membership of the Kentucky State House of Representatives.

TX HB5663

Relating to the authority of the Wood County Central Hospital District of Wood County, Texas, to provide brain and memory care services to residents of the hospital district through the creation and operation of brain and memory health care services districts.

TX HB4047

Relating to the requirements for annexation by a municipality of certain municipal utility districts.

TX SB2196

Relating to the requirements for annexation by a municipality of certain municipal utility districts.

MS SB2458

Legal assistants; increase the number of in the Seventh Circuit Court District.

MS HB1300

Seventh Circuit Court District; increase the number of Assistant District Attorneys.