Texas 2023 - 88th Regular

Texas House Bill HB5361

Filed
4/10/23  
Out of House Committee
5/8/23  
Voted on by House
5/12/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the Denton County Municipal Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

Impact

The passage of HB 5361 will directly influence the financial and operational landscape of local governance in Denton County. It allows the municipality to create a special district entitled to offer various services and infrastructure improvements that serve a public interest. Moreover, it grants the district the power to issue bonds, which can be financed through taxes and assessments verified via voter approval, thus providing a significant means of financing for public projects. The legislation outlines methods for determining taxation and assessments, which could impact property owners and existing service structures at the local level.

Summary

House Bill 5361 is a legislative proposal aimed at establishing the Denton County Municipal Management District No. 2. This district will provide a framework through which local governments can issue bonds and impose taxes, assessments, and fees necessary for funding critical infrastructure improvements. The bill is designed to enhance local governance by empowering municipalities to address specific economic and developmental needs more effectively. It aims to bolster local economies by facilitating the development of commercial and residential projects, promoting employment, and maintaining public welfare. The bill explicitly states its determination to support the creation and enhancement of public spaces while ensuring it does not undermine existing county services.

Sentiment

Overall sentiment around HB 5361 appears to be supportive, especially among local representatives who believe it will significantly aid in economic development and infrastructure enhancement in Denton County. Supporters argue that it provides essential tools for tackling local challenges effectively while enhancing commerce and community well-being. However, there may be contention surrounding the provisions that allow the imposition of new taxes and assessments, as some stakeholders might fear that added financial burdens could negatively impact residents and businesses in the district. The inclusion of eminent domain powers may also raise concerns about property rights among certain opponents.

Contention

Notable points of contention primarily arise from discussions around the authority granted to the district, particularly regarding its capability to impose taxes and its powers of eminent domain. Critics may argue that such powers could lead to excessive taxation or misuse of eminent domain in a way that could adversely affect local residents and businesses. Balancing the need for infrastructure and economic development with property rights and community consent will likely be an essential aspect of ongoing dialogue as the bill progresses through legislative scrutiny.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 4001. Denton County Municipal Management District No. 2
    • Section: New Section
    • Section: New Section
    • Section: New Section

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 107
    • Section: 222
    • Section: 222
    • Section: 004
  • Chapter 54. Municipal Utility Districts
    • Section: 601
    • Section: 602
    • Section: New Section

Local Government Code

  • Chapter 375. Municipal Management Districts In General
    • Section: 243
    • Section: 161
    • Section: 243
    • Section: 161
    • Section: New Section
  • Chapter 380. Miscellaneous Provisions Relating To Municipal Planning And Development
    • Section: New Section

Government Code

  • Chapter 1509. Obligations For Other Municipal Purposes
    • Section: New Section

Companion Bills

TX SB2623

Similar Relating to the creation of the Denton County Municipal Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

Similar Bills

TX HB922

Relating to the creation of the Southwestern Travis County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees.

TX HR2622

Suspending limitations on conference committee jurisdiction, H.B. No. 4345.

TX HB4038

Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds; providing authority to impose fees.

TX HB4327

Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

TX HB1523

Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

TX SB2828

Relating to the creation and operation of a science park district in certain counties that may impose assessments, fees, and taxes.

TX HB112

Relating to the creation and operation of a science park district in certain counties that may impose assessments, fees, and taxes.

TX SB1877

Relating to the creation of the Venable Ranch Municipal Utility District No. 1 of Denton County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.