Texas House Bill HB5379

Texas 2023 - 88th Regular

• Filed: 4/14/23
• Out of House Committee: 5/2/23
• Voted on by House: 5/9/23
• Out of Senate Committee: 5/17/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/11/23

Caption

Relating to the creation of the Williamson and Bell Counties 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 bill's passage signifies a notable shift in local governance by formalizing the creation of a municipal utility district, which provides the community with a structured means of resource management. By allowing the district to issue bonds and impose fees, local leaders hope to enhance infrastructure and service delivery in the rapidly growing areas of Williamson and Bell Counties. However, it also includes limitations, such as not allowing the district to exercise the power of eminent domain unless certain conditions are met, reflecting a balance between necessary governance and local property rights.

Summary

House Bill 5379 establishes the Williamson and Bell Counties Municipal Utility District No. 1, granting it specific powers necessary to manage its operations effectively. The bill allows the district to issue bonds, impose assessments, fees, and taxes needed to fund its operations. It covers an area of approximately 355 acres located within the extraterritorial jurisdiction of Jal in Williamson and Bell Counties. This legislation is designed to manage utilities while providing essential public services to the area, including water and sewer management, as well as road maintenance and construction.

Sentiment

The sentiment around HB 5379 appears generally positive among local government officials, who view the establishment of the district as a proactive step towards addressing municipal service needs. However, some concerns were raised regarding the district's financial responsibilities and accountability, especially regarding the issuance of bonds without voter approval for certain financial maneuvers. Discussions indicated a recognition of the benefits of efficiency in local governance, while also emphasizing the need for transparency and public involvement in future decisions taken by the district.

Contention

Notable points of contention included the limitations on eminent domain powers, which were instituted to mitigate potential overreach by the newly established district. The requirement for municipal consent prior to holding elections for district directors underscores the importance placed on community involvement. Opponents of the bill were concerned that such powers, if left unchecked, might lead to adverse effects on local property ownership and rights, showcasing an ongoing dialogue about the balance between development and local governance.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7972. Blaketree Municipal Utility District No. 2 Of Montgomery County
  • Section: New Section
  • Section: New Section
  • Section: New Section

Water Code

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

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