Texas 2025 - 89th Regular

Texas House Bill HB5651

Filed
3/19/25  
Out of House Committee
5/5/25  
Voted on by House
5/10/25  
Out of Senate Committee
5/22/25  
Bill Becomes Law
 

Caption

Relating to the creation of the Montgomery County Water Control and Improvement District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The creation of this district impacts state laws concerning local governance by providing a specific framework for the management of water resources and infrastructure in Montgomery County. The proposed activities include the collection and management of water waste, stormwater control, and construction of roads, which are deemed vital for serving the public and protecting the environment. Additionally, the legislation allows the district a limited power of eminent domain, though it explicitly prohibits the exercise of that power outside district boundaries, thereby pinpointing its operational limits.

Summary

House Bill 5651 establishes the Montgomery County Water Control and Improvement District No. 7. This legislation aims to create a structured entity that can manage water control, improve waterways, and handle local infrastructure projects, such as road construction and stormwater management. The district is empowered to issue bonds to finance these projects and impose assessments and fees for operational and maintenance purposes. It is designed to conform with existing laws related to water control and ensure public benefits associated with improved water and drainage systems.

Sentiment

Overall, the sentiment surrounding HB 5651 appears to be favorable among proponents who emphasize the need for effective water management in light of growing populations and environmental challenges. However, there may be concerns from detractors regarding the limited power of eminent domain and the potential for overreach in the district's authority. Discussions indicated a general agreement on the importance of water and infrastructure management, though contentions point out the necessary checks to prevent misuse of powers bestowed upon the district.

Contention

Key points of contention in discussions about HB 5651 include the district's ability to impose taxes and assessments without extensive public oversight. Critics may argue that while the district aims to serve public purposes, mechanisms should be firmly established to ensure accountability in decision-making and financial management. Additionally, there are apprehensions about the implications of granting limited eminent domain powers and whether those powers could encroach upon private property rights in the future as development pressures arise in growing areas.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 462
    • Section: 107
    • Section: 108
    • Section: New Section
    • Section: 004
    • Section: 004
    • Section: 102
    • Section: 003
    • Section: 107
    • Section: 108
  • Chapter 51. Water Control And Improvement Districts
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Local Government Code

  • Chapter 42. Extraterritorial Jurisdiction Of Municipalities
    • Section: 042
    • Section: 0425

Companion Bills

TX SB3035

Identical Relating to the creation of the Montgomery County Water Control and Improvement District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX SB621

Relating to the creation of the Montgomery County Municipal Utility District No. 140; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB1492

Relating to the creation of the Montgomery County Municipal Utility District No. 140; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5320

Relating to the creation of the Montgomery County Municipal Utility District No. 227; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5391

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.

TX HB5374

Relating to the creation of the Montgomery County Municipal Utility District No. 226; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.