Texas House Bill HB5391

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 Montgomery County Municipal Utility District No. 218; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The enactment of HB 5391 will have implications on local governance structures within Montgomery County, particularly as it relates to infrastructure development and utility management. The creation of the district allows for a more organized approach to municipal utility services which can improve service delivery and community planning. Additionally, by granting the district limited power of eminent domain, the bill aims to streamline processes necessary for land acquisition required for public needs, though this may raise concern among local property owners regarding their land rights.

Summary

House Bill 5391 establishes the Montgomery County Municipal Utility District No. 218 covering approximately 156 acres of undeveloped land in unincorporated Montgomery County, Texas. The bill grants the district limited powers, including the authority to issue bonds and to impose assessments, fees, and taxes necessary for its functions. Such provisions aim to facilitate the funding of essential infrastructure and utility services, which aligns with the broader objectives of local governance and public utility development.

Sentiment

The discussions around HB 5391 were generally supportive with no known opposition raised during the committee sessions. The sentiment reflects an understanding of the importance of structured utility districts in promoting development within the rapidly growing regions of Montgomery County. Stakeholders appeared to recognize the need for such legislation to ensure adequate infrastructure meets future demands, thus fostering affirmative views on its passage.

Contention

While there was limited contention regarding the bill, some stakeholders may have concerns about the implications of limited eminent domain powers. Critics could argue that such powers, even if limited, may potentially infringe on private property rights, although safeguards are in place as specified in the bill. Additionally, discussions may surface surrounding the financial implications of bond issuance and the fiscal responsibility tied to the assessments imposed on residents to support district operations.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 8025. Travis County Municipal Utility District No. 25
  • Section: New Section
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 102
  • Section: 101
  • Section: 102
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 107
  • Section: 108

• Chapter 54. Municipal Utility Districts
  • Section: 016
  • Section: New Section
  • Section: 101
  • Section: 016
  • Section: 0165
  • Section: 601
  • Section: 602