Texas 2023 - 88th Regular

Texas House Bill HB5350

Filed
4/5/23  
Out of House Committee
4/26/23  
Voted on by House
5/2/23  
Out of Senate Committee
5/10/23  
Voted on by Senate
5/17/23  
Governor Action
6/11/23  

Caption

Relating to the creation of the Waller County Municipal Utility District No. 48; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The bill's passage changes state law by authorizing the creation of municipal utility districts (MUDs) which can impose taxes and issue bonds for funding infrastructure projects. It specifically grants the district certain powers, including the authority to levy assessments and issue bonds without requiring a public election for certain funding mechanisms. However, any ad valorem tax imposed for bond repayment must be approved by local voters, emphasizing a level of community oversight in financial decisions.

Summary

House Bill 5350 establishes the Waller County Municipal Utility District No. 48, which encompasses approximately 556 acres of undeveloped land in Waller County, Texas. The primary purpose of this bill is to facilitate the provision of essential infrastructure services, including water supply, sewer systems, and drainage management, crucial for supporting future development in the area. By creating this district, the legislation aims to foster growth by allowing necessary infrastructure improvements to begin, thereby enhancing the potential for residential and commercial development.

Sentiment

General sentiment surrounding HB 5350 appears to be supportive among those prioritizing local development and infrastructure. Proponents argue that establishing this MUD will streamline the process for facilitating growth in Waller County, which is experiencing increased development pressures. On the other hand, some skeptics express concerns about potential overreach in eminent domain powers and the financial implications for local taxpayers who may have to bear the costs of infrastructure projects through increased taxes.

Contention

Notable points of contention include the extent of powers granted to the district, particularly concerning eminent domain and the imposition of taxes. The bill includes provisions enabling the district to employ limited eminent domain powers, which has raised questions and concerns among property rights advocates. Moreover, while the ability to issue bonds can spearhead development, there is anxiety regarding financial accountability and the impacts on local tax burdens, particularly if the projected developments do not materialize as planned.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7993. Fort Bend County Municipal Utility District No. 50
    • Section: New Section
    • Section: New Section
    • Section: New Section

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 004
    • Section: 107
    • Section: 108
    • Section: 102
    • Section: 004
    • Section: 004
  • Chapter 54. Municipal Utility Districts
    • Section: New Section
    • Section: 601
    • Section: 602
    • Section: 016
    • Section: New Section
    • Section: 016
    • Section: 0165
    • Section: New Section
    • Section: 016
    • Section: 0165

Finance Code

  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

No companion bills found.

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