Texas House Bill HB5360

Texas 2023 - 88th Regular

• Filed: 4/10/23
• Out of House Committee: 5/3/23
• Voted on by House: 5/19/23
• Out of Senate Committee: 5/22/23
• Voted on by Senate: 5/24/23
• Governor Action: 6/18/23

Caption

Relating to the creation of the Deer Creek Ranch 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.

Impact

The impact of HB 5360 reflects a broader trend in Texas towards the establishment of municipal utility districts (MUDs), which serve specific community needs in areas where utilities may be insufficient or non-existent. With the authority to impose taxes, assess fees, and issue bonds, the district will have the fiscal means to undertake projects that improve local infrastructure. However, this also means that landowners within the district may face increased tax burdens as the district raises funds for these initiatives. The district's creation may lead to improved infrastructure but could also spark discussions on governance and fiscal responsibility among local residents.

Summary

House Bill 5360 relates to the establishment of the Deer Creek Ranch Municipal Utility District No. 1, which has been created primarily to address public utilities within the designated area in Texas. The bill grants the district a limited power of eminent domain and provides it with the authority to issue bonds as well as impose assessments, fees, and taxes to finance its operations. This is significant as it allows the district to develop necessary infrastructure within its territory, particularly for water and road improvements, thereby facilitating community development in the region.

Sentiment

The sentiment around HB 5360 appears to be generally supportive among legislators who see it as a necessary framework for local development. The passage of the bill with a significant majority suggests that there is confidence in the potential benefits it holds for the community. However, there may be concerns from local taxpayers regarding the imposition of new fees or taxes associated with the services the district aims to provide, sparking a conversation about the balance between residential burden and community enhancement.

Contention

Despite the apparent support for the creation of the Deer Creek Ranch Municipal Utility District No. 1, there are potential points of contention. The exercise of eminent domain could raise alarms among local residents, as it may lead to disputes over land rights and compensation for property owners. Furthermore, the ability to impose taxes and assessments could meet resistance if residents feel that these measures overreach or do not adequately reflect the benefits they receive from the district. Overall, while the bill offers a pathway for local improvements, it also sets the stage for future discussions on governance, taxation, and property rights.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7960. Deer Creek Ranch Municipal Utility District No. 1
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Water Code

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

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

• Chapter 1. General Provisions
  • Section: 004