Texas House Bill HB5318

Texas 2023 - 88th Regular

• Filed: 3/23/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/2/23
• 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 Water Control and Improvement District No. 6; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The establishment of this water control and improvement district is seen as a critical step toward addressing ongoing water management issues in Montgomery County. Supporters of the bill, including local stakeholders and business representatives, emphasize the importance of improved drainage infrastructure, which is essential for preventing flooding and supporting future development in the area. However, there are concerns among some residents regarding the potential for increased financial burdens due to new fees and taxes associated with the district's operations. Public discussions have highlighted the need for a careful balance between necessary infrastructure improvements and protecting the financial interests of local property owners.

Summary

House Bill 5318 proposes the creation of the Montgomery County Water Control and Improvement District No. 6. This new district will be primarily focused on facilitating drainage improvements and managing water resources for a designated 299-acre tract of land in Montgomery County, specifically within the extraterritorial jurisdiction of the city of Conroe. The bill grants limited powers of eminent domain to the district, allowing it to acquire land necessary for its operations, as well as the authority to issue bonds to fund infrastructure projects. Additionally, the bill permits the district to impose assessments, fees, and taxes for revenue generation to support its initiatives.

Sentiment

Overall, the sentiment surrounding House Bill 5318 appears to be cautiously optimistic among proponents who view it as a vital investment in community infrastructure. However, there are also significant concerns from opponents who fear the implications of eminent domain powers and the financial responsibilities that may fall upon residents. These differing perspectives have fueled a complex conversation about the best approach to water management and community resource planning in Montgomery County.

Contention

A point of contention in the discussions around HB 5318 revolves around the limitations and powers granted to the district, specifically regarding the exercise of eminent domain. While the bill allows the district to acquire necessary property for water management purposes, there is anxiety among residents about the possibility of land being taken without adequate justification. This has led to calls for transparency and accountability in the district's operations, as stakeholders seek assurances that the district will prioritize community interests and engage local property owners in decision-making processes.

Texas Constitutional Statutes Affected

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 102
  • Section: 462
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 107
  • Section: 108
  • Section: 102

• Chapter 51. Water Control And Improvement Districts
  • 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
  • Section: 042
  • Section: 0425
  • Section: 042
  • Section: 0425

Special District Local Laws Code

• Chapter 9058. Montgomery County Water Control And Improvement District No. 6
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Government Code

• Chapter 313. Notice For Local And Special Laws
  • Section: New Section