Texas House Bill HB5688

Texas 2025 - 89th Regular

• Filed: 4/23/25
• Out of House Committee: 5/6/25
• Voted on by House: 5/10/25
• Out of Senate Committee: 5/23/25
• Voted on by Senate: 5/25/25
• Governor Action: 6/20/25

Caption

Relating to the creation of the San Benito 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 creation of this municipal utility district enables more streamlined provision of local utility services, which could lead to improved infrastructure in the San Benito area. By centralizing authority, the district aims to enhance its capacity for road construction, maintenance, and improving sewage systems. However, these powers come under the scrutiny of local governments, which express concerns about the balance of power between municipal districts and city governance.

Summary

House Bill 5688 establishes the San Benito Municipal Utility District No. 1, which is a municipal utility district created to provide essential services such as water and sewage for the local community. The bill outlines the governance of the district, including a board of directors made up of elected officials. It grants the district limited powers, including the authority to impose taxes, levy assessments, and issue bonds. Notably, it permits the utilization of eminent domain with certain stipulations, making the district a significant player in the local jurisdiction's infrastructure development.

Sentiment

The sentiment surrounding HB 5688 appears to be generally supportive, particularly among local leaders and stakeholders who anticipate the benefits of improved utility services. However, there are reservations from community members regarding the implications of eminent domain and the potential for overreach of district powers, emphasizing the importance of checks and balances in local governance. Some members remain cautiously optimistic that the district will meet the needs of residents while addressing potential pitfalls.

Contention

Some points of contention include the district's power to impose taxes and potentially exercise eminent domain which may affect existing property owners and land use. Critics argue that while the model aims to improve local infrastructure, it could adversely influence property rights and local decision-making processes. There's a general call for transparency in the operations of the district to ensure that community interests are prioritized over bureaucratic processes.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 8028. Harris County Municipal Utility District No. 441
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: New Section
  • Section: 102
  • Section: 102
  • Section: 316
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 107
  • Section: 108
  • Section: 002
  • Section: 107
  • Section: 108
  • Section: 102
  • Section: 108

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

Government Code

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