Texas House Bill HB5303

Texas 2023 - 88th Regular

• Filed: 3/14/23
• Out of House Committee: 4/25/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/15/23
• Voted on by Senate: 5/17/23
• Governor Action: 6/9/23

Caption

Relating to the creation of the Springs Hill Special Utility District; authorizing a fee; granting the power of eminent domain.

Impact

The creation of the Springs Hill SUD will centralize water management services in a specific region of Guadalupe and Wilson Counties. This is anticipated to enhance the efficiency of service delivery and provide a more structured governance model for managing local water resources. Notably, the bill grants the district the authority to exercise eminent domain, which is significant as it allows the district to acquire land necessary for extending water service or infrastructure improvements. However, there were provisions included that limit the exercise of this power under certain conditions, emphasizing a balance between necessary development and property rights.

Summary

House Bill 5303 relates to the establishment of the Springs Hill Special Utility District (SUD). The main purpose of the bill is to convert the existing Springs Hill Water Supply Corporation into a special utility district which is tasked with providing public services and managing water supply in the designated area. The bill provides a framework for the district's operations, governance structures, and guidelines under which it will operate as an independent entity within the state of Texas. This includes provisions for the board of directors overseeing the district and the ability to impose fees for services rendered.

Sentiment

The sentiment surrounding HB 5303 has been generally supportive, particularly among local governance advocates and water supply proponents who view the bill as a critical step to ensure sustainable water management in the region. However, there are concerns among property rights groups and residents who fear that the eminent domain authority could be misused. Legislative discussions suggest that while there is support for the overall concept of improving water delivery services, the potential for conflict over land acquisition powers remains a notable point of contention.

Contention

The most significant point of contention in the discussions was the matter of eminent domain. While it is vital for the district's operational capacity, the inclusion of such powers often leads to public apprehension regarding the loss of private property. Critics expressed worries that unchecked eminent domain could lead to conflicts with local property owners, particularly concerning transparency and the fair treatment of those affected by potential land acquisitions. The necessity of a public confirmation election before the district can be fully established is a measure intended to address these concerns, providing local residents an opportunity to voice their support or opposition.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7208. Springs Hill Special Utility District
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: New Section
  • Section: New Section
  • Section: 004
  • Section: New Section

• Chapter 65. Special Utility Districts
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Local Government Code

• Chapter 395. Financing Capital Improvements Required By New Development In Municipalities, Counties, And Certain Other Local Governments
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Election Code

• Chapter 41. Election Dates And Hours For Voting
  • Section: New Section

Government Code

• Chapter 313. Notice For Local And Special Laws
  • Section: New Section
  • Section: New Section