Texas House Bill HB5365

Texas 2023 - 88th Regular

• Filed: 4/11/23
• Out of House Committee: 5/3/23
• Voted on by House: 5/9/23
• Out of Senate Committee: 5/15/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/11/23

Caption

Relating to the creation of the Austin County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

If enacted, HB 5365 will impact local governance significantly by establishing a new municipal utility district with specific powers that could facilitate infrastructure development in the area. The ability to impose fees and taxes provides the district with a revenue mechanism that is crucial for its operational sustainability and resource management. Furthermore, the bill's provisions for eminent domain empower the district to acquire land if necessary, which could expedite development efforts for utility services.

Summary

House Bill 5365 proposes the creation of the Austin County Municipal Utility District No. 3, providing it with limited powers of eminent domain. The bill outlines the authority for the district to issue bonds, as well as impose assessments, fees, and taxes. This legislative move is designed to enhance local infrastructure and provide utilities in a specifically designated area of South Austin County, which measures approximately 0.84 square miles.

Sentiment

The sentiment surrounding HB 5365 appears to be generally supportive among local representatives and potential beneficiaries. Members highlighted the potential for improved utility services, which is a positive development for the community. However, there may be underlying concerns regarding the implications of eminent domain and the financial burdens associated with the imposed assessments and fees on local residents.

Contention

One point of contention in discussions surrounding HB 5365 relates to the balance of power and local autonomy. While the bill aims to provide necessary resources for development, there are concerns about how the district's powers, particularly regarding eminent domain, might be utilized. Stakeholders may be apprehensive about the implications of the district's ability to acquire private land, especially if it impacts existing residents or businesses.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7984a. Austin County Municipal Utility District No. 3
  • Section: New Section
  • Section: New Section
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 002
  • Section: 107
  • Section: 108
  • Section: 002
  • Section: 102
  • Section: 107
  • Section: 108

• Chapter 54. Municipal Utility Districts
  • Section: 016
  • Section: 0165
  • Section: 016
  • Section: 0165
  • Section: New Section
  • Section: 601
  • Section: 602