Texas 2023 - 88th Regular

Texas House Bill HB5345

Filed
4/5/23  
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
5/24/23  
Governor Action
6/12/23  

Caption

Relating to the creation of the Montgomery County Municipal Utility District No. 237; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The introduction of HB 5345 will create legal frameworks for the Montgomery County Municipal Utility District No. 237, enabling it to exert certain powers necessary for local governance of utility services. It is expected to streamline utility services in the area, potentially improving public service delivery and infrastructure maintenance. Furthermore, by allowing the district to issue bonds and impose fees, the bill provides financial mechanisms to fund necessary improvements and expansions of local utilities, contributing to the overall economic development of Montgomery County.

Summary

House Bill 5345, titled 'Relating to the creation of the Montgomery County Municipal Utility District No. 237', proposes the establishment of a new municipal utility district in Montgomery County, Texas. This bill grants the district limited powers of eminent domain, along with the authority to impose assessments, collect fees, and issue bonds for financing its operations. The creation of this district aims to facilitate better management of public utility services and infrastructure development within the specified region. The bill was presented by Representative Cecil Bell and has a Senate counterpart, SB2597, which shares identical provisions.

Sentiment

General sentiment surrounding HB 5345 appeared to be positive, with no known opposition during the committee discussions or public testimonies. The bill was deemed necessary for the growth and management of utilities within Montgomery County, reflecting a supportive stance from legislative members. This positive reception suggests a consensus on the need for improved infrastructure and resource management in the fast-growing areas of Montgomery County, although the limited comments in transcripts show that there might not have been extensive public debate on the bill.

Contention

While HB 5345 passed with strong support in both the House and Senate, one area of consideration noted during discussions was the power of eminent domain granted to the district, albeit limited. This aspect is often politically sensitive, as it relates to land acquisition and property rights. Furthermore, the requirement for approval from municipalities within the district's boundaries for its creation indicates that local governance structures must be engaged and consented to, raising questions about intergovernmental relations and potential local concerns regarding control and oversight of utility management.

Texas Constitutional Statutes Affected

Water Code

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

Special District Local Laws Code

  • Chapter 7981. Denton County Municipal Utility District No. 5
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2597

Identical Relating to the creation of the Montgomery County Municipal Utility District No. 237; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX HB3924

Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.

TX SB1360

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

TX HB2640

Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds and exercise the power of eminent domain; providing general law authority to impose assessments, fees, surcharges, or taxes.

TX HB4207

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

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 HB4743

Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds.