Texas 2023 - 88th Regular

Texas House Bill HB5389

Filed
4/19/23  
Out of House Committee
5/2/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 8; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

HB 5389 includes provisions that delineate the powers and responsibilities of the district, particularly in relation to infrastructure projects such as roads and drainage systems. It permits the district to levy taxes for the operation and maintenance of infrastructure, as well as to issue bonds to fund construction projects. Notably, under this bill, the district is to serve a public purpose as mandated by general law. Legislative discussions indicate that this bill aligns local governance practices with existing state regulations governing municipal utility districts.

Summary

House Bill 5389 seeks to establish the Harris-Waller Counties Municipal Utility District No. 8, which encompasses approximately 575 acres of undeveloped land across Harris and Waller counties. This bill grants the newly formed district the authority to issue bonds, impose assessments, fees, and taxes, as well as provides limited powers of eminent domain. The creation of this utility district aims primarily at facilitating the design, construction, and maintenance of essential infrastructure within its jurisdiction, enhancing local community development and services, particularly aimed at accommodating residential growth.

Sentiment

The sentiment surrounding HB 5389 appears to be generally supportive among legislators who recognize the necessity of establishing utility districts to address the needs of growing communities. However, there are underlying tensions regarding the implications of granting eminent domain powers, even if limited. While proponents argue that this provision is vital for ensuring necessary infrastructure can be developed efficiently, opponents raise concerns about potential overreach and the risks associated with eminent domain, emphasizing the need to balance development with community rights.

Contention

The most significant points of contention with HB 5389 revolve around the limited power of eminent domain it grants to the district. Critics argue that even limited powers could lead to conflicts with property owners and communities who may feel threatened by potential land acquisition policies. Additionally, the implications of tax imposition and bond issuance raise concerns about long-term financial responsibilities for residents within the district, particularly in how these funds will be managed and allocated. The necessity for municipal consent before establishing the district has emerged as a critical component, underscoring the importance of local governance in managing development and infrastructure projects.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 8006. North Grayson County Municipal Utility District No. 1
    • 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: 102
    • Section: 107
    • Section: 108
  • Chapter 54. Municipal Utility Districts
    • Section: 601
    • Section: 602
    • Section: 601
    • Section: 602
    • Section: 601
    • Section: 602

Companion Bills

No companion bills found.

Similar Bills

TX HB5384

Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 9; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB4638

Relating to the creation of certain municipal management districts; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB4605

Relating to the creation of the New Waverly Municipal Management District No. 1; providing authority to issue bonds and impose assessments, fees, and taxes.

TX HB4636

Relating to the creation of the Orchard Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.