Texas 2023 - 88th Regular

Texas Senate Bill SB2574

Filed
3/22/23  
Out of Senate Committee
4/28/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the Montgomery County Municipal Utility District No. 228; 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 utility district signifies a shift in local governance, enabling more streamlined management of resources and infrastructure in Montgomery County. By allowing the new district to exercise the limited power of eminent domain, SB2574 equips it with essential tools to manage land requirements for public utilities. Additionally, the ability to issue bonds and impose taxes will generate necessary funding for significant infrastructure projects that will likely enhance real estate values and support community expansion.

Summary

SB2574 seeks to establish the Montgomery County Municipal Utility District No. 228, which will serve an area of approximately 310 acres currently undeveloped. The bill grants the district the authority to provide utility services, impose assessments, fees, and taxes on properties within its boundaries, and allows it to issue bonds for project financing. This legislative move is expected to facilitate development efforts within the region, as the new district will bring important infrastructure improvements to support residential growth.

Sentiment

The general sentiment surrounding SB2574 appears to be cautiously optimistic among supporters who recognize the potential for economic growth and improved infrastructure. However, some community members may have reservations regarding the implications of increased taxes and the exercise of eminent domain. The discussions indicate a mixed outlook on whether the benefits of the proposed district will outweigh the potential burdens placed on residents, especially concerning financial obligations related to the new assessments and fees.

Contention

Notably, the bill has faced scrutiny regarding the extent of the powers granted to the utility district, especially the limited power of eminent domain. Critics express concern that such authority could be misused, potentially compromising local landowners' rights. The necessity for municipal consent and the defined processes for elections concerning taxes and bonds are essential elements meant to safeguard community interests. Nevertheless, the debate highlights a prevailing tension between local development needs and the preservation of individual property rights.

Texas Constitutional Statutes Affected

Water Code

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

Special District Local Laws Code

  • Chapter 7969. Fort Bend County Municipal Utility District No. 224
    • Section: New Section

Companion Bills

TX HB5307

Identical Relating to the creation of the Montgomery County Municipal Utility District No. 228; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX HB5307

Relating to the creation of the Montgomery County Municipal Utility District No. 228; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5354

Relating to the creation of the Firefly 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.

TX SB2600

Relating to the creation of the Firefly 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.