Texas 2025 - 89th Regular

Texas House Bill HB5652

Filed
3/20/25  
Out of House Committee
4/29/25  
Voted on by House
5/7/25  
Out of Senate Committee
5/16/25  
Bill Becomes Law
 

Caption

Relating to the creation of the Montgomery County Municipal Utility District No. 258; 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 5652 would modify existing state laws to facilitate the creation of utility districts specifically designed to manage local services effectively. This includes the ability to levy taxes specifically for operations, maintenance, and infrastructure development, which will influence both the financial responsibilities of property owners within the district and the administrative structure managing these services. The provision that allows the district to issue bonds adds a financial mechanism to fund public projects without immediate taxation but involves future repayment obligations.

Summary

House Bill 5652 proposes the creation of the Montgomery County Municipal Utility District No. 258, which is intended to serve a public purpose by providing services such as water supply, drainage, and road maintenance. The bill grants the district limited powers, including the ability to issue bonds, impose assessments, and collect fees and taxes necessary for the effective operation of municipal services. The establishment of this district is framed as a local governance solution to manage and optimize utility services in the Montgomery County area, particularly in response to population growth and infrastructure needs.

Sentiment

Overall, the sentiment surrounding HB 5652 appears supportive, as it addresses essential infrastructural needs that have become increasingly pressing due to rising populations and urban development in Montgomery County. However, there may be concerns among community members regarding the imposition of new taxes and assessments, which are often contentious issues. Some citizens may worry about potential overreach of district powers, particularly concerning eminent domain, despite the bill specifying limitations on the use of that power.

Contention

Notable points of contention include the balance between community control and state authority in municipal governance. Critics might raise concerns about how the formation of such districts could lead to reduced local oversight, especially regarding financial management and the ability to respond to unique local needs. Furthermore, discussions surrounding the fiscal implications of bond issuance and potential increases in taxes could evoke debates around fiscal responsibility and transparency in how funds are allocated and managed by the newly formed district.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 102
    • Section: 316
    • Section: 107
    • Section: 108
    • Section: 004
    • Section: 316
    • Section: New Section
    • Section: 004
    • Section: New Section
    • Section: 102
    • Section: 316
    • Section: 108
    • Section: 004
    • Section: 316
    • Section: 107
    • Section: 108
    • Section: 102
    • Section: 316
    • Section: 108
  • Chapter 54. Municipal Utility Districts
    • Section: 016
    • Section: 0165
    • Section: New Section
    • Section: 016
    • Section: 0165
    • Section: New Section
    • Section: 016
    • Section: 0165
    • Section: New Section
    • Section: 016
    • Section: 0165
    • Section: New Section
    • Section: 016
    • Section: 0165
    • Section: 016
    • Section: 0165
    • Section: 601
    • Section: 602

Special District Local Laws Code

  • Chapter 8003. Montgomery County Municipal Utility District No. 159
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB3036

Identical Relating to the creation of the Montgomery County Municipal Utility District No. 258; 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.