Texas 2023 - 88th Regular

Texas House Bill HB5415

Filed
4/25/23  
Out of House Committee
5/7/23  
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 Elm Fork Municipal Utility District No. 1 of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The creation of the Elm Fork Municipal Utility District is expected to enhance local governance over utilities and infrastructure, providing a structured approach to manage municipal services in a primarily rural area. By allowing the district to impose fees and issue bonds, it aims to fund necessary projects such as road construction, expansion of utilities, and drainage improvements, ultimately benefiting local residents and businesses in terms of enhanced services.

Summary

House Bill 5415 aims to establish the Elm Fork Municipal Utility District No. 1 in Cooke County, Texas. This legislation grants the newly formed district limited powers, such as the ability to exercise eminent domain, issue bonds, and impose assessments, fees, and taxes for its operational needs. The bill is positioned as a standard template for municipal utility districts, intended to facilitate local infrastructure development and service provision in the region, which encompasses approximately 7,280 acres of land.

Sentiment

The sentiment around HB 5415 appears generally favorable among its proponents, who argue that it will support economic development and better serve the community's needs. However, while there is broad support for the concept of creating such districts, concerns about the implications of eminent domain powers and the financial responsibilities incurred through bond issuance could lead to contention among local constituents once the district begins operations.

Contention

Notable points of contention may arise around the district's authority to exercise eminent domain, which can be a contentious issue for landowners within the proposed boundaries. Furthermore, the bill's provisions to impose taxes and assess fees may raise concerns about financial burdens on local residents. While the bill has passed significant legislative hurdles, the discussions highlight the balance between necessary utility management and potential impacts on property rights and local governance.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7987. New Fairview Municipal Utility District No. 1
    • Section: New Section

Water Code

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

Companion Bills

TX SB2622

Identical Relating to the creation of the Elm Fork Municipal Utility District No. 1 of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Previously Filed As

TX SB2622

Relating to the creation of the Elm Fork Municipal Utility District No. 1 of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX SB2622

Relating to the creation of the Elm Fork Municipal Utility District No. 1 of Cooke County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB4606

Relating to the creation of the Brazoria County Water Control and Improvement District No. 10; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB2156

Relating to the creation of the Brazoria County Water Control and Improvement District No. 10; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB4786

Relating to the creation of the Brazoria County Municipal Utility District No. 63; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

TX HB4268

Relating to the creation of the Celina Municipal Management District No. 2; providing authority to issue bonds and impose assessments, fees, and taxes.

TX HB4627

Relating to the creation of certain municipal utility districts; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5384

Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 9; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.