Texas 2023 - 88th Regular

Texas House Bill HB5414

Filed
4/25/23  
Out of House Committee
5/6/23  
Voted on by House
5/12/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/18/23  

Caption

Relating to the creation of the Mountain Springs Municipal Utility District of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.

Impact

The bill specifically allows for granting a limited power of eminent domain, which permits the district to acquire land needed for its functions, a move that has previously sparked debates regarding landowners' rights. By providing a structure for governance, the bill aims to facilitate necessary public services—such as water, sewage, and road maintenance—within the newly established district. The provisions ensure that the utility district can operate independently while still being subject to existing municipal regulations, thereby balancing local needs with broader statewide legislation.

Summary

House Bill 5414 authorizes the creation of the Mountain Springs Municipal Utility District in Cooke County, Texas. The bill outlines the district's powers, including the authority to issue bonds as well as impose fees and taxes to provide necessary services. It encompasses approximately 735 acres of unincorporated land, allowing for local governance of utilities and infrastructure in the designated area. The establishment of this MUD adheres to the frameworks set forth by the Texas Constitution and state law governing municipal utility districts.

Sentiment

The sentiment toward HB 5414 appears generally positive among its supporters, who see it as an important step in enhancing local utility services without overextending state resources. However, concerns remain about the implications of eminent domain and how it may affect local property owners. Proponents argue that the bill is vital for community development and infrastructure improvements, while critics express worry about potential overreach into private land rights and the long-term fiscal responsibilities imposed on district residents.

Contention

A notable point of contention revolves around the limited power of eminent domain included in the bill. Critics argue that this provision could lead to potential abuse, infringing on individual property rights. Furthermore, while the bill provides clarity on the financial mechanisms for funding services, such as the ability to impose taxes and issue bonds, there are questions regarding the accountability of the board of directors overseeing the district's operations. The juxtaposition of local governance and property rights will likely continue to be a pivotal issue in discussions surrounding the implementation of this legislation.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7982. Driftwood Conservation District
    • Section: New Section
    • Section: New Section
    • Section: New Section

Water Code

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

Companion Bills

TX SB2631

Identical Relating to the creation of the Mountain Springs Municipal Utility District of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.

Similar Bills

TX SB2631

Relating to the creation of the Mountain Springs Municipal Utility District of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.

TX HB5398

Relating to the creation of the West Lake Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB1116

Relating to the creation, administration, powers, duties, functions, operations, and financing of the Crystal Clear Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain.

TX SB2066

Relating to the creation of the Rose City Municipal Utility District; providing authority to issue bonds; providing authority to impose assessments and fees.