Texas 2023 - 88th Regular

Texas House Bill HB5390

Filed
4/19/23  
Out of House Committee
5/2/23  
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 Waller County Municipal Utility District No. 52; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The passage of HB5390 significantly impacts state laws related to the establishment and governance of municipal utility districts. By creating this district, it allows for streamlined processes concerning public utility services and infrastructure development. The bill is structured to meet common standards and regulations outlined by the Texas Commission on Environmental Quality, ensuring that the district's activities align with both local and state environmental laws while enabling local governance over its utilities and facilitating growth in the area.

Summary

House Bill 5390 aims to create the Waller County Municipal Utility District No. 52. This bill grants the district limited powers, including the authority to issue bonds, impose assessments, fees, and taxes, and exercise a specific, limited power of eminent domain. The district is intended to serve a public purpose by facilitating the operation, maintenance, and improvement of essential municipal services such as water management and roads within its jurisdiction, which envisions covering 381 acres of land in the extraterritorial jurisdiction of Houston.

Sentiment

In legislative discussions, the sentiment around HB5390 appears to be generally supportive, particularly among representatives concerned with local governance and infrastructure development. Proponents emphasize that the establishment of such a district will enhance service efficiency and economy of scale in an expanding area, while also providing necessary funding mechanisms through assessments and bonds to support infrastructure projects.

Contention

There are potential points of contention regarding the limited power of eminent domain granted to the district, which may raise concerns among landowners and community advocates about possible land acquisitions or developments that may not suit all local interests. Although the district will operate under checks and guidelines, the fear of overreach and implications for private property rights tends to be a sensitive topic during discussions on utility districts.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7995a. Waller County Municipal Utility District No. 52
    • Section: New Section
    • Section: New Section

Water Code

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

Companion Bills

No companion bills found.

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