Texas 2023 - 88th Regular

Texas House Bill HB5317

Filed
3/23/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the Atascosa County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The bill's enactment would amend state statutes regarding municipal utility districts, specifically allowing the creation of a new district designed to manage and finance utility services efficiently. This district has the authority to impose assessments and fees, which are critical for securing funding for infrastructure projects such as roads and drainage systems, thus directly impacting property owners within the district. The creation of this district could lead to enhanced local infrastructure, potentially attracting new residents and businesses to the area.

Summary

House Bill 5317 relates to the creation of the Atascosa County Municipal Utility District No. 2, which encompasses approximately 1,225 acres partially within the extraterritorial jurisdiction of Pearsall, Texas. The bill grants the district limited powers, including the authority to impose taxes, issue bonds, and exercise eminent domain under specific conditions. It also requires municipal consent for the district's creation and the inclusion of land within its boundaries. This legislation aims to facilitate the development of public utilities and infrastructure in the designated area, supporting a new master planned community.

Sentiment

The sentiment surrounding HB 5317 appears generally supportive, particularly among local representatives and stakeholders involved in regional development. Proponents argue that the establishment of this municipal utility district is essential for meeting the growing utility needs of the community. There is an acknowledgment of the benefits that structured utility management can provide, including efficient resource allocation and improved public services. Conversely, some community members might express concerns regarding potential increases in property taxes due to the assessments necessary for bond issuance.

Contention

A notable point of contention could arise from the district's power of eminent domain, as some stakeholders may worry about the government's ability to acquire private property for public use. While the bill allows this power only under specific contexts, there is typically strong community sentiment regarding property rights. The requirement for the consent of the municipalities involved aims to address such concerns, ensuring that local governments have a hand in the district's operational framework.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7957. Legacy Municipal Utility District No. 1
    • Section: New Section
    • Section: New Section

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 102
    • Section: 107
    • Section: 108
    • Section: 102
  • Chapter 54. Municipal Utility Districts
    • Section: 601
    • Section: 602
    • Section: 101

Local Government Code

  • Chapter 43. Municipal Annexation
    • Section: 0751
    • Section: 0751

Companion Bills

TX SB2577

Identical Relating to the creation of the Atascosa County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX SB2577

Relating to the creation of the Atascosa County Municipal Utility District No. 2; granting a limited power of eminent domain; 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 HB74

Relating to the creation of the Puerto Verde Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

TX HB4762

Relating to the territory of and the validation of certain governmental acts and proceedings of the Edwards Aquifer Authority.

TX HB1260

Relating to the creation of the Montgomery County Municipal Utility District No. 132; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

TX SB483

Relating to the creation of the Montgomery County Municipal Utility District No. 132; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5332

Relating to the creation of the Montgomery County Municipal Utility District No. 229; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.