Texas 2023 - 88th Regular

Texas Senate Bill SB2584

Filed
3/28/23  
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. 219; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

If enacted, SB 2584 will significantly affect local property legislation and the governance of municipal utility districts in Texas. The district will facilitate the construction and maintenance of essential public infrastructure such as roads, utilities, and storm drainage within the designated area. Moreover, the ability to impose taxes and issue bonds will provide the district with necessary financial resources to fulfill its objectives, thus enhancing the economic development potential of the region.

Summary

Senate Bill 2584 proposes the establishment of the Montgomery County Municipal Utility District No. 219. This new district is intended to encompass approximately 550 acres of land east of the city of Conroe, Texas. A critical element of the bill is the granting of limited power of eminent domain to the district, enabling it to acquire necessary land for public facilities. Additionally, the bill provides enabling legislation for the district to issue bonds to finance various projects, as well as authorizing it to impose assessments, fees, and taxes on properties within its jurisdiction to cover operational costs and debt repayments.

Sentiment

The general sentiment surrounding SB 2584 appears largely supportive among local government officials and stakeholders, as the creation of a dedicated utility district can streamline infrastructure planning and financing. Advocates argue that this bill is crucial for addressing the needs of a growing population in Montgomery County, while also ensuring that vital services are delivered efficiently. However, there may be some contentious viewpoints regarding the district's eminent domain power and its implications for private property rights.

Contention

Notable points of contention include the extent of the district's powers, especially concerning the right to exercise eminent domain, which some property owners might oppose due to fears of potential land seizure. Additionally, the bill stipulates that municipal consent is required before the district can hold elections or impose taxes, which might raise concerns about local governance and accountability. The ability for the district to impose taxes even without unanimous local support could be seen as problematic by some stakeholders.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7960. Deer Creek Ranch Municipal Utility District No. 1
    • Section: New Section
    • Section: New Section

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 102
    • Section: 102
  • Chapter 54. Municipal Utility Districts
    • Section: 601
    • Section: 602
    • Section: New Section
  • Chapter 1. General Provisions
    • Section: New Section

Government Code

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

Companion Bills

TX HB5315

Identical Relating to the creation of the Montgomery County Municipal Utility District No. 219; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX HB3924

Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.

TX HB2640

Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds and exercise the power of eminent domain; providing general law authority to impose assessments, fees, surcharges, or taxes.

TX SB1360

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

TX HB4207

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

TX HB4327

Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

TX HB1523

Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

TX HB4038

Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds; providing authority to impose fees.

TX HB4743

Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds.