Texas House Bill HB5393

Texas 2023 - 88th Regular

• 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. 55; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

If enacted, HB5393 will create a new legal entity that can administer public utility services within its defined boundaries. This arrangement allows local authorities more flexibility in managing infrastructure effectively, especially in regions experiencing growth pressures. Moreover, the district's ability to impose assessments and collect taxes will provide a financial mechanism to support projects that benefit both current and future residents. However, granting eminent domain powers could raise concerns for landowners in the district, as it places significant authority in the district's hands to acquire private property for public use.

Summary

House Bill 5393 establishes the Waller County Municipal Utility District No. 55, which encompasses approximately 1,130 acres of raw land in the extraterritorial jurisdiction of Houston. The bill grants the district limited powers of eminent domain, enabling it to acquire land necessary for the development of utility infrastructure. Additionally, HB5393 authorizes the district to issue bonds and impose assessments, fees, and taxes to finance its activities. This legislation follows the standard template used for municipal utility districts (MUDs) in Texas, aiming to facilitate the provision of essential services such as water and sanitation in rapidly growing areas.

Sentiment

The general sentiment around HB5393 appears to be cautiously supportive. Proponents argue that creating a municipal utility district is essential for managing development sustainably and providing needed public services in Waller County. They contend that this bill represents a proactive step in ensuring that infrastructure keeps pace with population growth. Conversely, some landowners and advocacy groups might express reservations about the implications of allowing the district to exercise eminent domain, fearing potential overreach and loss of property rights.

Contention

A key contention surrounding HB5393 lies in the implications of granting limited eminent domain powers to the newly created district. Critics worry that enabling a municipal utility district to acquire land without stringent checks may lead to abuses of power or unwanted developments that do not align with community interests. Balancing the need for infrastructure with the rights of individual property owners will be a crucial aspect of implementing this bill, potentially leading to ongoing debates about the authority of municipal utility districts across Texas.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 8008. Williamson County Municipal Utility District No. 34
  • Section: New Section
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 004
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 102

• Chapter 54. Municipal Utility Districts
  • Section: New Section
  • Section: New Section
  • Section: New Section